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Thought Leadership

Advancing Agriculture: Security Interests and Article 9 Challenges (Part 2)

 
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Welcome to Advancing Agriculture with your hosts, Stephanie E. Kaiser and Elizabeth Benefield, where we discuss practical tips and advice on various topics related to ag lending.

In the second installment of this two-part series, we discuss security interests in agricultural lending and some of the issues a creditor may face in these areas. This episode will provide practical tips addressing issues related to fixture filings, personal property security interests, the Food Security Act (FSA), and notice requirements under that Act. As part of the discussion, we will talk about differences between personal property and fixtures, and how those differences impact filing considerations. We will also focus on the buyer in good faith rule under the FSA, the exceptions to the rule, and some important notice requirements to keep in mind in order to maintain or better protect a secured lender’s lien position.

Listen to Part 1 of this two-part series: 

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