Navigating U.C.C. Issues in Real Estate Finance Opinions: The ABA/ACMA/ACREL/ACCFL U.C.C. Opinion Report
Necessary Background for Rendering and Receiving Opinion Letters for Transactions Beyond Real Property
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide real estate practitioners with guidance on giving and reviewing opinion letters relating to Uniform Commercial Code (U.C.C.) matters. The webinar will be based on the U.C.C. Opinion Report released in 2019 by the American Bar Association (ABA), the American College of Mortgage Attorneys (ACMA), and the American College of Real Estate Lawyers (ACREL), with the approval of the American College of Commercial Finance Lawyers (ACCFL). In connection with that, the panel will examine various issues associated with creating and perfecting a security interest in personal property collateral, fixtures, and non-fixture real estate collateral under the U.C.C.
- Types of U.C.C. collateral often encountered in real estate financings
- Personal property
- As-extracted collateral, timber
- Deposit accounts
- Investment property
- Requirements for establishing a security interest enforceable against third parties
- Creation of the security agreement
- Importance of collateral description
- The guidance provided by the 2019 ABA/ACMA/ACREL/ACCFL U.C.C. Opinion Report
The panel will review these and other relevant topics:
- What types of U.C.C. collateral are frequently part of a real estate finance transaction?
- What terms should be included in a security agreement to ensure the creation of security interests?
- When is a blanket collateral description sufficient under the U.C.C., and when is it not?
- How do methods of perfection vary with the type of collateral?
- What are the best practices in rendering UCC opinions according to the ABA/ACMA/ACREL/ACCFL U.C.C. Opinion Report?
R. Marshall Grodner
Mr. Grodner's practice focuses primarily on commercial transactions, secured transactions, commercial finance,... | Read More
Mr. Grodner's practice focuses primarily on commercial transactions, secured transactions, commercial finance, opinion letters, commercial real estate and gaming law. He has an extensive practice representing lenders in large commercial transactions, locally, regionally and nationally. He authored or co-authored articles dealing with secured transactions, commercial real estate and other business law issues, and also presented on issues concerning loan documentation, secured transactions, ethics and professionalism in the transactional context and real estate law.Close
Edward J. Levin
Mr. Levin focuses his practice in the area of real property law, including real estate financing, leasing, purchase and... | Read More
Mr. Levin focuses his practice in the area of real property law, including real estate financing, leasing, purchase and sale, workouts, foreclosure and rendering third party opinion letters. Mr. Levin was named by Best Lawyers in America as the 2012 Baltimore Real Estate Lawyer of the Year, and frequently writes and lectures on real property subjects within his expertise.Close
Steven O. Weise
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those... | Read More
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those secured by personal property, including structured financing. He is regarded as one of the foremost authorities on Article 9 of the UCC. He is a member of the Permanent Editorial Board for the UCC and a member of the American Law Institute’s UCC Article 9 Drafting Committee. Mr. Weise is also the past chair of the American Bar Association’s Business Law Section Legal Opinions Committee.Close