Commercial UCC Lien Mediation law services by Lincoln and Morgan San Diego, CA
Mediation and Forwarding law firm from Lincoln & Morgan San Diego : The major advantage of being a secured commercial lien holder is the lien holder’s ability to secure the entirety of the pledged assets as collateral as established through the security agreement and evidenced by the UCC Lien. The security agreement clearly identifies the specific secured collateral that is being pledged. The problem occurs at the point of default of the funding agreement and when the recipient refuses to surrender the secured collateral as was required by the agreement. Find even more info on Lincoln & Morgan.
Our Mission: To Provide the Best Solutions and Outcome For all Parties! We (Lincoln and Morgan) diligently attempt to work with recipients, landlords and successor entities to quickly and reasonably resolve encumbrances in lieu of taking possession of the collateral. While we are not always successful in mediating a proper release, as some parties are uncooperative, we do encourage all of the parties responsible for the pledged collateral to feel free to contact our offices at any time. We are open to discuss the matter in detail and explore any possible solutions there maybe. We understand the complexities that are involved for each party and therefore we welcome your open and honest discourse.
Mediation will not be appropriate in all circumstances. In particular: where the parties require emergency relief, for example, a court injunction (although mediation may be able to assist in resolving the underlying dispute); where a legal or commercial precedent needs to be set; where one or more of the parties wishes the case to be heard in public; it is unlikely to add value if the parties themselves are capable of handling direct negotiations efficiently and effectively; or if it is clear that the other side has no intention to settle but just wants to use mediation as a delaying tactic.
The results of this survey clearly demonstrate the critical importance of taking positive action when an accounts receivable ages past its due date. Today’s competitive economy requires that companies maintain a healthy cash flow with the ability to adapt to changing market conditions. Companies must take a hard line on past due receivables, and turn them over to professional help when their internal efforts have not proved successful and within 120 days.
First, it is important to understand what a UCC lien is. A UCC lien is a document that a lender files with your secretary of state which gives notice that the lender has a claim to certain assets as collateral. A UCC lien will typically prevent you from obtaining additional funding or selling property such as equipment, company vehicles, and materials. But, if you default on a merchant cash advance contract, the merchant cash advance company will sometimes send these liens to your customers, demanding that your customers pay the merchant cash advance company directly rather than paying you. This is because the concept of a merchant cash advance is that the funder is purchasing your future receivables.
