We had a customer ask us if we wanted to search his briefcase before he made a deposit and entered the safe deposit area. We said "No". We have policy and procedures for the safe deposit box area, but they do not address a search. Because of acts of terror do you have any suggestions for the possibility of searching a customer's belongings such as passing a wand over the bag or satchels before allowing entry into the safe deposit box area. Banks do not know what is kept in a customer's box. What about his privacy? Is this an issue for other banks?
I have an old mortgage loan file that has a mobile home and land as collateral. The mortgage specifically lists the mobile home and all of its identifying information, however, we don't have a recorded UCC-1 on the mobile home itself. Are we considered a true lienholder on the mobile home or would we need a recorded UCC-1?
On occasion, we have had customers who want to substitute collateral (such as wanting to sell the car that is being held as collateral and substitute with another car of same or greater value). We use a substitution form which is signed by the customer. I'm questioning if that is enough. Should the customer sign a new security agreement? Also, we have a difference of opinion when it comes to filing the new lien. Some people use the date of the collateral substitution as the security agreement date and some use the original security agreement date. If the latter is used, what about the 20 days to perfect our lien?
Borrower is a corporation with one shareholder. All business assets are pledged as collateral. Lender wants the spouse to also sign on loan docs, with the concern being that she may gain ownership of at least 1/2 assets should they divorce. Would asking her to sign be a violation of Reg B? If so, does the lender have a bona fide concern regarding assets or does the fact that the borrower is a coporation make this a non-issue? Flip side: What about if the borrower was a partnership or sole proprietorship and the spouse has no role in the affairs or function of the business? (e.g., farmer Bob who takes a loan secured by crops.) Lender wants to add wife to loan as a condition for the same reasons listed above. How should I advise my lender?
If I have a matured line of credit secured by a UCC filing on inventory and accounts receivable and my customer files bankruptcy, assuming my collateral is now under the jurisdiction of the court, is my collateral protected? If not, is there anything I can do to protect it?
When making a loan to a sole proprietorship can you list the 'DBA' under the individuals name and SSN?
What compliance regulations apply to a loan to purchase a primary residence secured by vacant land titled in a business name?
Question: An attorney has contacted us who has a copy of an insurance check payable to another bank and an individual.
My question concerns the filing of a UCC1. We have had a UCC search performed by an attorney in a farmer's county of residence, which doesn't show anything outstanding other than our lien, but the farmer listed another lender as lienholder on some of his equipment on his financial statement. I think the other lender may have filed in the wrong county. UCC law states that a filing made in good faith in an improper place is effective against any person who has knowledge of the contents of such financing statement. Do you know of any court cases that address this issue?
If we renew a consumer loan that has an auto as collateral and give the customer new money do we have to re-file our lien on the auto?