Thorough due diligence can help the secured party avoid later perfection and priority problems with a secured loan. In fact, the failure to conduct adequate due diligence may leave the secured party without access to equitable remedies, even if the
By Paul Hodnefield, Esq. New technology sometimes complicates the issues surrounding perfection, priority and enforcement of security interests. A recent case that involved conflicting paper and electronic titles to the same motor vehicle provided one such example and offered a
By Paul Hodnefield, Esq. A perfected security interest generally extends to proceeds of the original collateral. The term “proceeds” appears broadly defined by UCC Article 9, but there are limits. Exactly where those limits lie, however, is not always clear.