Navigating UCC Issues in Real Estate Finance Opinions: The New ABA/ACMA/ACREL/ACCFL UCC Opinion Report
Creation, Perfection and Attachment of a Security Interest Under Article 9; Personal Property, Fixtures and Other Collateral
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide real estate practitioners with guidance on giving and reviewing opinion letters relating to UCC matters, with reference to the UCC Opinion Report recently released by the American Bar Association (ABA), the American College of Mortgage Attorneys (ACMA), and the American College of Real Estate Lawyers (ACREL). 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 Uniform Commercial Code (UCC).
- Types of UCC 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--security agreement
- Importance of collateral description
- Guidance provided by the 2019 ABA/ACMA/ACREL UCC Opinion Report
The panel will review these and other relevant topics:
- What types of UCC collateral are frequently part of a real estate finance deal?
- What terms should be included in a security agreement to ensure the creation of security interest?
- When is a blanket collateral description sufficient under the UCC 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 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