Insights

How to Avoid Conversion Claims with Jointly Payable Checks
This article is intended to be a “refresher” on how lenders can avoid conversion claims in connection with certain jointly payable negotiable instruments. Certain types of negotiable instruments (e.g., jointly payable checks) can benefit lenders, as demonstrated in the hypothetical below, but these instruments ...Read More

Terms to Consider as You Renegotiate Your Farm Lease
Anumber of recent economic developments will likely impact the negotiation of farmland leases following the 2022 crop year. For example, landlords may want to increase rent because commodity prices are generally rising, and farmland values are going up across the Midwest. On the other ...Read More

Enforceability Of A Lender’s Security Interest In A Borrower’s Machinery And Equipment
Over the last two years, the world has grappled with the COVID-19 pandemic. In an effort to address the economic crisis following the arrival of COVID-19, the United States took a number of significant actions, including, among other things, infusing cash into the national ...Read More

When May Someone Other Than a Mortgagor Redeem Real Estate Following a Foreclosure?
At some point in their careers, most lenders who finance borrowers with real estate collateral will see at least some of their borrowers go through a real estate foreclosure. Depending upon the nature of the real estate foreclosed upon—and the State where the foreclosure ...Read More

Differences Between Note Co-Makers and Guarantors
When a prospective borrower approaches a lender and requests financing for any consumer purpose or business operation, the lender must evaluate whether or not the borrower has sufficient capacity to repay the loan. Two options will often come to mind for most lenders. First, ...Read More