Welcome to the new Lien Solutions blog – insights and resources to help professionals reduce risk and shape the future of their business. You’ll find articles on thought leadership, practical tips, and an exchange of ideas that drive innovation and better outcomes.
By Suzanne Konstance, Vice President Product Management and Marketing
A version of this article was originally published in American Banker’s Association Journal Online, June 2020
The world of banking is in the midst of a massive paradigm shift. Disruption has been at work on the consumer and retail banking side for quite some time and the effects are now permeating into the commercial space.
As a lender, “lien management” may not be your primary job task. Your specialty is helping clients solve their financial issues through loans and leases, so you might view lien management as a necessary chore, and, once the client has been approved for a loan, that’s the end of the process. Not really.
No one can predict the future, including lenders. Therefore, it is crucial to be diligent about maintaining lien perfection today. In the event that debtors default on their loans, lien perfection helps ensure that you are protected and losses can be recovered. Having clear insights into your individual debtors’ risks and across your portfolio help you maintain a healthy portfolio and reduce risk.
The debtor, a distributor of bulk petroleum products, entered into a consignment agreement with IPC. Under the agreement, IPC delivered fuel to the debtor–consignee (“Pettit”) for sale to consignee’s customers. Pettit filed for bankruptcy. At the time of the filing of bankruptcy, Pettit had had some of the consignor’s unsold fuel on hand, as well as proceeds from sold fuel (cash and accounts receivables—that is balances owed by customers that had not yet been paid) and which had not yet been remitted to the consignor.
Where the real answer lies: Section 9-506 of the Uniform Commercial Code The court explained that, under Section 9-506, the variation of a debtor name on the financing statement is not considered seriously misleading if it is uncovered during a search of the full, correct name using the filing office’s standard search logic and while […]
The modern financial landscape is growing increasingly more complex due to internal corporate pressures and external regulatory changes. In terms of secured lending processes, filing Uniform Commercial Code (UCC) forms correctly and in a timely manner is critical, yet full of complexity. Furthermore, monitoring the health of your liens and continuing your liens, if warranted, is equally important. This blog series will look at some of the things that cannot be missed if one is to securely file and manage UCCs, whether you file directly through a Secretary of State or use a law firm or other partner to file.
Priority #1 for lenders has always been to perfect their assets, and then to maintain the perfection of the asset portfolio over time. But every day brings changing circumstances that can impact the protections you’ve put in place, so lien portfolio management has to be an active, and proactive, effort.