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UCC Article 9 Foreclosure: Issues Ideas and Ambiguities

SKU: REL7400
General Credits
1
Price$50
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Description

If a lender requires that their loans be secured by all the personal property of their borrower, Article 9 of the Uniform Commercial Code wholly governs this process. If a lender making a loan creates a security interest in collateral under Article 9, and the loan goes into default, it must also foreclose its security interest under the rules of Article 9. Article 9 is complicated and comprehensive.

This CLE course teaches the basics of the four methods of foreclosing a loan. The important element of commercial reasonableness is introduced and explained. In addition, the most popular and utilized method of foreclosure, conducting a public sale is covered in great detail. The presentation is given assuming that a pledge of equity (typically used in a real estate mezzanine loan) is the personal property collateral being foreclosed upon.

Lecturer Bio

Gary M. Zimmerman, Esq.

Gary M. Zimmerman, is a Senior Vice President and the Chief Underwriting Counsel for Fidelity National Financial’s UCC Insurance Division. Gary’s primary responsibilities include supervising and coordinating the underwriting, policy and production personnel and functions. As Chief Underwriting Counsel, Gary reviews and evaluates transaction structure and provides feedback on the insurability of major-market commercial finance and mezzanine loan transactions, as well as providing counsel and advice to outside counsel and major commercial lenders. Internally, Gary provides input to the Fidelity Family of Companies with respect to general secured lending and UCC Article 9 questions. Gary is a frequent lecturer on matters involving Revised Article 9, commercial lending practices, and the Terms, Conditions and Exclusions of the UCCPlus Policy and related endorsements. Gary is also on the faculty of the Commercial Finance Association education programs.

Before joining Fidelity Gary was Vice President and Senior Counsel at Fleet Business Credit’s (now Bank of America) Vendor Finance Group in Chicago. Gary’s principal areas of responsibility included the structuring, drafting and negotiation of appropriate vendor program agreements and related loan documentation with Fleet’s new and existing vendors, the analysis of underlying lease and license agreements, and ensuring loan and Group compliance with Fleet’s policies and procedures. Prior to that time Gary was Vice President and Assistant General Counsel to Navistar Financial Corporation, a subsidiary of International Truck and Engine Corporation, where his practice focused on commercial equipment leasing and financing and related lease securitization. Prior to that Gary was Senior Counsel to Heller Financial (now GE Capital) both in the Leveraged Funding Group and in the Equipment Finance Group, and was Chief Counsel to Exchange National Bank’s (now LaSalle National Bank) Asset Based Lending Division. Gary started his legal career as a title examiner for a commercial business unit of Chicago Title.

Gary is a member of the American Bar Association’s Business Law section and a member of the Chicago Bar Association. He received his B.A. from Drake University and his law degree from DePaul University College of Law. Gary can be contacted at (312) 223-2441.

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