You’re what you own: perfection of security interests in investment property *

USA - March 3 2013
Under Article 9 of the Uniform Commercial Code ("UCC"), a secured party perfects its security interest in investment property - such as certificated…

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“Bad boys, bad boys, whatcha gonna do?”: triggering full recourse liability under non-recourse guaranties *

USA - June 1 2012
Under the traditional model of real estate financing, lenders typically have two avenues of repayment in the event of a borrower default:  exercise of remedies under a deed of trust (or mortgage) encumbering the subject property of the loan and a guaranty given by the principals of the borrower. 

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Tell it to the clerk… a practical refresher on confession of judgment provisions *

USA - December 5 2011
In today’s lending climate, confession of judgment provisions (“COJ Provisions”) have become a fact of life for the Virginia banker. 

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Covenant violations ahead: how borrowers and banks can “account” for lease accounting changes *

USA - May 31 2011
For the past several years, there has been a movement within the Financial Accounting Standards Board (the "FASB") to revise the FASB's approach to lease accounting to ensure that assets and liabilities arising under leases are recognized more clearly and consistently in a company's financial statements.

Co-authors: Ryan C. Kenrick.

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Foreclosure or deed in lieu: what’s right for you? *

USA - February 28 2011
In Virginia, a lender holding a defaulted loan secured by a deed of trust has two primary means to enforce its remedies under that deed of trust: foreclosure by a trustee's sale and conveyance by a deed in lieu of foreclosure.

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