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