Legal Case Review Archives - Lien Solutions

Competing Security Interests

Written by Chris Altenbach
Date July 2019

Court finds that a searcher has to go to great lengths and not rely on the filing office’s own system.

Northside Elevator v. Ossmann, 2019 Wisc. App. LEXIS 302

 

Collateral description reasonably identifies encumbered equipment

Written by Chris Altenbach
Date May 2019

A collateral description does not require exacting precision. Rather, the collateral description is sufficient if it is objectively determinable.

 

Agricultural loan creates dispute as to what constitutes a crop

Written by Chris Altenbach
Date May 2019

As the speed and volume of transactions in the agriculture space increases, manual processes can’t always keep up. To stay competitive and compliant, lenders must be able to run a lean, effective operation that controls costs and mitigates risk. The following (In re Ollis 2019 Bankr. LEXIS 1068) is an interesting look at what happens when collateral is defined in a way that can be ambiguous.

 

Due Diligence is Not Optional

Written by Lien Solutions
Date April 2018

Here at Lien Solutions, we work with our customers every day to make due diligence easier to perform. While it can be a tedious task at times, there is a reason we place so much emphasis on this step in the lien management process, and another legal decision – In Solutions v. Success Grain, 2018 U.S. Dist. LEXIS 55684 – has made the reason for that emphasis even more clear.

 

Does a factoring agreement create an interest in after-acquired property?

Written by Lien Solutions
Date March 2018

In most UCC-related activity, there are four main components at play: The borrower, the lender, the collateral, and the jurisdiction. Simple and universal, except when it’s not.