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if im the secure party having a trust and i create a instrument for a car do i make the dealership the debtor on the financial statement


In the context of secured transactions and financing statements under the Uniform Commercial Code (UCC), the terminology used can sometimes be confusing. Here's a breakdown: 1. **Secured Party**: This is the party that has a security interest in the collateral (in your case, the car). If you are the secure party, it means you hold an interest in the vehicle. 2. **Debtor**: The debtor is the party that owes a duty or obligation to the secured party related to the collateral. Typically, this would be the person or entity that has taken out a loan to purchase the vehicle, or the one who is the owner of the vehicle in the context of securing financing. 3. **Dealership's Role**: In most transactions involving a dealership, the dealership is selling the vehicle and may be acting as a broker for financing. If you are creating an instrument for the car, it usually identifies the buyer (the debtor) rather than the dealership itself unless the dealership is the one taking on the obligation to pay you. In most straightforward situations, the debtor would be the individual or entity purchasing the vehicle (the buyer), not the dealership. Therefore, if you are creating a financial statement, you would typically list the buyer as the debtor. However, if there are specific arrangements where the dealership is taking on a financial obligation (like if they are financing the sale themselves or if there is a unique contractual arrangement), then it could potentially be different. Always consider consulting a legal professional or someone knowledgeable in secured transactions for advice tailored to your specific situation.