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Secured Transactions Commons

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Michigan Law Review

Banks

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Full-Text Articles in Secured Transactions

Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann Nov 1997

Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann

Michigan Law Review

The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …


Bill Of Lading As Collateral Security Under Federal Laws, Frederick Thulin Apr 1918

Bill Of Lading As Collateral Security Under Federal Laws, Frederick Thulin

Michigan Law Review

The desirability of the bill of lading as collateral security has been recognized in business transactions for many decades. The foregoing fact arises from the inherent nature of the financing of transactions of foreign or domestic trade.