If borrowers fail to meet their financial obligations, lenders have several options to protect their economic interests. For example, by sending consumers to collectors, pursuing legal action, collecting liens, or buying out special interest groups such as purchase payment strategic interests, financial companies may be able to follow consumers who stop paying their debts. In addition, properties of their total cash value can be recovered by a lender before any other consumer, as long as the lender’s funds have been used to fund the acquisition.
So, what does PMSI stand for?
What is a Purchase Money Security Interest?
PMSI or Purchase Money Security Interest represents a legal claim that allows lenders priority over other creditors’ claims. PMSI secures the buyer’s obligation to pay the deferred purchase price. When a borrower falls on a loan, a lender can either seize the property financed by the loan or demand repayment in cash.
Entities that finance purchases made by consumers or other debtors receive initial claims on property under a Purchase Money Security Interest aka PMSI.
As credit card issuers and commercial lenders, some retail stores that offer financing options also use PMSIs. A significant purchase defaults on a borrower’s payment, giving them collateral to seize. Business-to-business (B2B) transactions also make use of this currency. For example, businesses are encouraged to increase sales by directly financing new equipment or inventory purchases to obtain a PMSI.
The buyer must agree to the security interest in writing, and the lender must file a financing statement for it to be valid in most jurisdictions. Most states’ standard set of business regulations lays out the process in Article 9 of the Uniform Commercial Code (UCC). These regulations were adopted to make it easier for corporations to transact business with others outside their home state. According to Article 9, secured transactions are handled by the code, including creating and enforcing securities interest.
A PMSI can only be enforced in strict accordance with the Uniform Commercial Code.
As a result of PMSI protection, point-of-sale financing, in which retailers offer buyers direct funding for significant purchases, has grown in popularity. In addition, retailers have the right to seize items purchased by defaulting customers before other creditors are satisfied.
Regarding a lender’s use of a PMSI, there are strict rules that must be followed. The UCC outlines these guidelines. First, the lender must prove that goods belong to him and are purchased if goods are seized. Lenders routinely pay vendors directly before arranging for the sale of goods on credit to a buyer for this reason. As a result of this, the lender can prove that the goods in question are his.
Example: A furniture retailer would place an order with the manufacturer for a custom-made sofa before finalizing a financing agreement with a consumer. Instead of the manufacturer, the retailer is the person who owns the couch and is selling it. Therefore, it is legally possible for retailers to obtain and enforce a PMSI over the property they have just sold.
Similarly, a retailer who accepts a buyer’s down payment on a sofa might require the buyer to make full payment before returning the deposit to him. As a result, the lender has a whole dollar amount that it can demand in default. Concerning PMSI claims, court rulings have established that the lender has the right to expect reimbursement of many other expenses associated with the purchase, such as shipping costs and sales taxes.
PMSI facts:
- When a borrower or buyer defaults, a PMSI gives a retailer or supplier priority in collecting the debt.
- If payment is not made, the goods sold can be seized.
- In most cases, retailers who offer POS financing are covered by PMSI.
