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Security Agreements Promissory Notes

Amundsen Davis LLC

Cross Collateralization Generally Not Created By Note Alone

Amundsen Davis LLC on

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

Foley & Lardner LLP

Death By Typo: Seventh Circuit Confirms That Security Agreements Must Be Error-Free

Foley & Lardner LLP on

The most common, or at least the most preventable, way for a security interest to perish involuntarily is a drafting error made by the author of the security instrument. The Seventh Circuit recently confirmed a security...more

Troutman Pepper

Banks Beware! Parol Evidence May Not Correct Drafting Errors When Enforcing Security Agreements

Troutman Pepper on

Secured transactions typically include two key documents, which are often executed simultaneously: a promissory note memorializing loan and repayment terms executed by the borrower in favor of the lender and a security...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Denies Oral Modification and Grants Summary Judgment in Lieu of Complaint

In HCG Mezzanine Dev. Fund, L.P. v. Jreck Holdings, LLC, Index No. 652797/2011 (N.Y. Sup., N.Y. Cnty. Oct. 26, 2012), the New York Supreme Court (Kornreich, J.) granted Plaintiff HCG Mezzanine Development Fund, L.P.’s (HCG)...more

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