What is the primary way a lender creates valid rights against a debtor?

The primary way a lender creates valid rights against a debtor is through attachment. Attachment is a legal process that establishes a secured party's interest in collateral to secure the payment of a debt. This process typically involves three necessary elements: a valid security agreement between the debtor and the secured party, the secured party giving value (like a loan), and the debtor having rights in the collateral. Once attachment occurs, the secured party can enforce their rights against the collateral if the debtor defaults.

Judicial attachment and default judgments are legal remedies that may occur after a debtor fails to meet their obligations but do not establish initial rights to the collateral. Consent from the debtor is important for entering into a security agreement, but without the subsequent steps of value and rights in collateral, consent alone does not create enforceable rights. In contrast, attachment secures those rights and is the foundational step for the lender’s security interest.