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#35212 - 10/01/02 02:17 PM C.D. as collateral
Anonymous
Unregistered

Ex: A consumer applies for a loan and wants to use his certificate of deposit as collateral. The C.D.was issued from our bank. Do we: have customer sign an assignment of c.d. and take possession of the c.d. or do we file a UCC
financing statement?

Also, if it is a commerical loan - how do we perfect the lien/assignment of c.d.
Thanks

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#35213 - 10/01/02 05:53 PM Re: C.D. as collateral
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
I can't speak for KY as I am in IN, but under the Revised Article 9, it's my undestanding you can no longer perfect a lien in a consumer deposit account.

What we do is list the CD by number in the security agreement, have the borrower sign the assignment, take possesion of the CD and put a system hold on the CD.

We do the same for our commercial loans.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#35214 - 10/03/02 04:38 PM Re: C.D. as collateral
IUalum Offline
Platinum Poster
IUalum
Joined: Mar 2002
Posts: 942
Kentucky
Ditto to above. Customer signs assignment and collateral receipt. Place a hold on the CD funds and take possession of it. For a commercial account which is held by another party, your customer would sign a control agreement, which is then sent to the third party informing them of the pledge.
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Opinions expressed are mine and not necessarily that of my employer.

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