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Special Report on

Protect Your UCC Security Interest

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 The United States Patent and Trademark Office ("PTO") has caused confusion recently regarding the question of how a party taking a security interest in a patent may validly perfect that interest.  A review of the PTO's website ( could leave one with the impression that a security interest in a patent can only be perfected by the filing of an assignment of the patent directly with the PTO:  "A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will, and it may pass to the heirs of a deceased patentee.  The patent law provides for the transfer or sale of ...
Persons entering into commercial contracts are pretty much free to do anything that they can agree on. Each represents their own interests and can obligate themselves in any way they believe will benefit them. If one or both persons are represented by agents , usually employees, commercial contracting law allows the agent to form contracts based on generally accepted notions of commercial reasonableness. In essence, the law allows each side to rely on the other's authority to make a binding contract. Of course there are many nuances and cases covering this, but generally speaking the law favors the creation of commercial ...
The Validity Of Security Interests In Medicare Receivables
Lock Realty Corp. v. U.S. Health LP, which was the backdrop of my December 14, 2006 article, continues to be a lawyer’s dream in terms of complexity and challenges. The case also continues to be educational for creditors that need to protect their rights in deals gone bad. The lawsuit, which is pending in the Northern District of Indiana under case number 3:06-cv-487, involves six different law firms , as well as the U.S. Attorney’s Office, and nine parties. The February 27, 2007 opinion from Judge Robert L. Miller, Jr., 2007 U.S. Dist. LEXIS 14578, addresses a priority dispute over accounts receivable, ... market research, surveys and trends
Weisband Commentary « Livinglies's Weblog
Judge Holloway clearly took some giant steps forward in both clearly explaining the application of law with respect to standing. But I think she was comparing apples and oranges when she came to the conclusion that she should not impose restrictions on the right to foreclose that were “greater than” those imposed by state law. The mistake, I believe, is that the standard she was using was non-judicial process, which by definition is private. She skipped over the part that counted. Arizona has a judicial foreclosure process and like every other state in the country, such process must conform with due process ... market research, surveys and trends


Deposit Accounts under Revised UCC Article 9: What Bankers Need to ...
Whether your institution makes loans, takes deposits, or does both, the law governing your rights is about to change. Although the revisions to Article 9 of the Uniform Commercial Code (Revised Article 9) has attracted primarily the attention of lenders, depositary banks will also be affected with respect to the deposit accounts they maintain. This paper will highlight some of the new provisions of Revised Article 9 that create opportunities and pitfalls for lenders and depositary banks. Revisions to the Law of Secured Transactions Effective July 1, 2001, the law of secured transactions will change in most states. To a ... industry trends, business articles and survey research
UCC: possession is not an indication of ownership of the note ...
UCC: possession is not an indication of ownership of the note. Recording of collateral assignments is not required under Revised Article 9. Enforcement of the debt without the note is allowable under Article 3. Equitable arguments are available to prevent a borrower from benefiting from the industry’s inability to keep track of its documents. Effective July 1, 2001, the rules regarding interests in promissory notes under the Uniform Commercial Code (“UCC”) dramatically changed. This was done in an attempt to accommodate asset securitization; the asset-based commercial-paper market currently holds $708 billion ... industry trends, business articles and survey research


Jones Bulletin 2.indd
Secured Lenders: Protect Your Security Interests in Cash Settlements ... The supplier perfected its security interest by filing a UCC-1 financing statement ... technology research, surveys study and trend statistics
June 1, 2008
In order to protect personal privacy and in compliance with Section 9526.5 of ... If you have questions, consult your attorney. The filing office cannot give legal .... UCC security interest filing (e.g., a tax lien, judgment lien, etc. ... technology research, surveys study and trend statistics
Live Seminar - Secured Transactions 2010: What Lawyers Need to ...
Article 9 of the Uniform Commercial Code applies to secured transactions, which are interests in specific collateral granted by the debtor in conjunction with the debtor's promise to pay.  At What Lawyers Need to Know About UCC Article 9 Secured Transactions 2009, you will learn the fundamentals of acquiring a security interest, including how to attach, to perfect (filing and non-filing methods) and to gain (and maintain) priority in the collateral of your choice.  You will learn how to secure the most common forms of collateral, as well as how to perfect a security interest in some uncommon forms of ...
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WikiAnswers - What is the difference between fixtures and fittings ...
Fixtures are goods that become so related to particular real property that an interest in them arises under real property law. U.C.C. 9-102(a)(41) . State law other than the commercial code, either common law or statute, tells us when goods become so related to real property as to generate an interest under real property law. Consider the following example. A lender finances a debtor's purchase of an expensive piece of equipment and takes a security interest in the equipment to secure the purchase money loan. The equipment is to be bolted to the floor of a plant and connected by conveyor belts to other equipment of the ...
Google Answers: Defaulting on credit cards.
Can you help answer an argument I am having with a friend? He is talking about defaulting on his credit cards because he is in financial trouble. I told him he needs to either file bankruptcy or get help from a debt consolidation agency. He says that credit card companies can't do anything if you just stop paying, all they can do is harass you. Is this true, and if it is please help me to convince him that it is still not a wise course to take. Thank you for your help. Hello aj10, Thank you for your question. First, let me remind you of the disclaimer at the bottom of this page: "Important Disclaimer: Answers ...