Blog - Lien Solutions

Title washing and the use of NMVTIS for lenders

Written by Marina Hardy
Date July 2019

Title washing continues to be a problem for lenders across the US. A title washing scandal made the news as recently as August 2019 when Illinois authorities uncovered a scam in which participants used fake “Release of Lien” documents to get clean titles, according to ABC 7. This form of fraud spikes after natural disasters like hurricanes and floods damage many vehicles — but it can happen anywhere, at any time.

 

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

 

Why do M&A activities falter?

Written by Robb Zurek
Date June 2019

As companies are growing, they look for ways to leapfrog over the competition quickly and capture market opportunities. One way to accomplish fast growth is through a merger or acquisition. The ultimate purpose of mergers and acquisitions (M&A) is to grow the company and, in many cases, increase profitability. In the past few years, M&As have reached an all-time high since the financial meltdown of a decade ago.

 

A closer look at the auto refinance market for lenders

Written by Marina Hardy
Date June 2019

Competition has increased, especially from credit unions. Credit unions now account for almost two-thirds of refinanced motor vehicle loans, and that increase has come at the expense of independents and captives. Delinquency rates are up. Waning demand is another factor, as years of growth have satisfied any pent-up desire for vehicles. In this dynamic landscape, […]

 

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.

 

Reduce risk with timely debtor info

Written by Lien Solutions
Date May 2019

A loan could be at risk for a variety of reasons. Here we look at the ways that debtor information could put the loan at risk.

 

Lien Solutions’ Carrie Dolezal to Present at 42nd IACA Annual Conference

Written by Lien Solutions
Date May 2019

Carrie Dolezal, Product Operations Manager at Wolters Kluwer’s Lien Solutions, will present on IACA (International Association of Commercial Administrators) XML Standards Revisions at the 42nd Annual IACA Conference, May 19-23, 2019 in New Orleans.

 

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.

 

Bank and financial institution mergers and acquisitions

Written by Nasser Ansari
Date April 2019

The primary purpose of an M&A is to grow business, but improvements in operational efficiency and management of risk can be slower to come. After a merger, FIs typically integrate employees and infrastructure to avoid duplicate roles. Unfortunately, those changes in workforce and the system integration process could potentially delay loan processing and negatively affect […]

 

Should consignors perfect their security interest by filing a financing statement?

Written by Chris Altenbach
Date March 2019

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.