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New Requirements Related to E-Lien Filing in Motor Vehicle Consumer Loans

Indiana recently enacted laws allowing creditors involved in consumer credit transactions secured by motor vehicles or other titled assets to record their liens electronically. This is progress but there are other...more

Cross Collateralization Generally Not Created By Note Alone

From time to time, we review loan files for clients to confirm they have the collateral they think they do. Assume a lender has a properly perfected $1,000,000 mortgage loan and a $500,000 line of credit secured by all of the...more

Lenders’ Risks Regarding Real Estate Leases

Lenders’ risks relating to commercial real estate leases generally seem remote. However, the COVID crisis and associated economic downturn have raised issues that have affected a number of lenders. What about the scenario...more

Protecting Lenders And Noting Liens: Lessons Learned From A Recent Bankruptcy Case

A recent case from the Bankruptcy Court for the Southern District of Indiana exposed risks that financial institutions can incur in protecting their rights to collateral. In Marocco v. AmeriCredit Financial Services,...more

Chapter 12 Bankruptcy: A Forgotten Tool For Family Farmers?

Chapter 12 Bankruptcy was a common topic in the 1980’s-- the days of the Farm Aid concert and farmers driving tractors to Washington D.C. However, current difficulties are again raising the value of Chapter 12’s as a tool for...more

Mortgage Vs. Mechanic's Lien Priority Issues In Indiana

Indiana has a significant body of legislation and case law addressing the priority of mortgages vs. mechanic’s liens. The banking and construction industries in Indiana are well developed and funded and have over the years...more

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