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#882471 - 01/04/08 07:11 PM Pledge of Collateral
HRH Okie Banker Offline
Power Poster
Joined: Jan 2003
Posts: 3,070
Oklahoma
My articulation is having a hiccup. How do you explain to a lending officer that taking, as collateral, a one-half interest in a piece of equipment (i.e. a combine) is not good practice.
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Lending Compliance
#882475 - 01/04/08 07:15 PM Re: Pledge of Collateral HRH Okie Banker
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 84,332
Galveston, TX
If equipment is owned by two individuals how is he perfecting his security instrument without all owners signing???
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#882479 - 01/04/08 07:20 PM Re: Pledge of Collateral HRH Okie Banker
M Cockrell Offline
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M Cockrell
Joined: Jan 2003
Posts: 1,058
Dallas, TX
Tell the lender to read I Kings 3:16-27
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#882485 - 01/04/08 07:28 PM Re: Pledge of Collateral M Cockrell
Andy_Z Offline
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You simply cannot take possession of just your half of the collateral, and you therefore do not have a complete interest protecting the bank from loss. Without a complete interest, the loan is unsecured and the lending policy may be violated.

Seek a hypothecation from the other owner. They can pledge their interest without having an obligation on the debt. If they don't agree with this, you'd never get that collateral back in the first place.
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#882520 - 01/04/08 08:23 PM Re: Pledge of Collateral rlcarey
Tom at HOME Offline
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Posts: 1,139
You can perfect a security interest in one half of the equipment, but what is the value of one half of the piece of equipment. Legally it is a secured loan but functionally the collateral is worth nothing.

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#882530 - 01/04/08 08:37 PM Re: Pledge of Collateral Andy_Z
HRH Okie Banker Offline
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Oklahoma
Thank you everyone! M Cockrell - lol!
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