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Articles 751 - 780 of 871

Full-Text Articles in Secured Transactions

Real Estate Investments As Securities: The Sufficiency Of The Howey Test Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., John W. Mcleod Mar 1974

Real Estate Investments As Securities: The Sufficiency Of The Howey Test Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., John W. Mcleod

St. Mary's Law Journal

The purpose of this article is to examine the kind of protection afforded to real estate investors through the securities acts passed the 1930s. The Supreme Court decision in SEC v. W.I. Howey Co. (1946) held that a security exists when (1) there is an investment of money (2) in a common enterprise (3) with profits to come solely from the efforts of others. This study considers the criticisms of Howey by two legal commentators of the late 1960s, Professor Coffee and Professor Long, in its examination of three main types of real estate investments: land syndications, condominiums, and cooperative …

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Owner In Texas Not Precluded From Providing Additional Security., Margaret Mccracken Mar 1974

Owner In Texas Not Precluded From Providing Additional Security., Margaret Mccracken

St. Mary's Law Journal

Abstract Forthcoming.

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Introduction Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations - Introduction., Joseph C. Long Mar 1974

Introduction Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations - Introduction., Joseph C. Long

St. Mary's Law Journal

Abstract Forthcoming.

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Approaches To The Regulation Of Franchises, Founder-Member Contracts, And Referral Sales Agreements Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Patrick K. Sheehan Mar 1974

Approaches To The Regulation Of Franchises, Founder-Member Contracts, And Referral Sales Agreements Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Patrick K. Sheehan

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …

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Oil Interests As Securities: The Enumerated Vs. The General Definition Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., David W. Townend Mar 1974

Oil Interests As Securities: The Enumerated Vs. The General Definition Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., David W. Townend

St. Mary's Law Journal

Abstract Forthcoming.

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Applying Securities Regulations To Sales Of Club Memberships Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., James P. Brennan Mar 1974

Applying Securities Regulations To Sales Of Club Memberships Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., James P. Brennan

St. Mary's Law Journal

The term “association” ordinarily suggests a collective of people bound together in pursuit of a particular purpose. The purpose of many associations is to realize financial gain through investing members’ money under circumstances that may amount to the sale of a security by the association. There are various types of associations that sell club memberships. These transactions lie either within or without the scope of federal and state securities acts. In examining the substance of membership in an association, courts have identified the elements that determine whether a transaction is a security. The elements include the investment of a member’s …

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Intrastate Offerings Under Rule 147, J. William Hicks Jan 1974

Intrastate Offerings Under Rule 147, J. William Hicks

Articles by Maurer Faculty

No abstract provided.

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Creditors' Self-Help Remedies Under Ucc Section 9-503: Violative Of Due Process In Texas., David Hughes Dec 1973

Creditors' Self-Help Remedies Under Ucc Section 9-503: Violative Of Due Process In Texas., David Hughes

St. Mary's Law Journal

In Sniadach v. Family Fiance Corp. and Fuentes v. Shevin, the Supreme Court stated that the due process clause of the 14th Amendment requires notice and an opportunity to be heard before seizing property under color of state law. Accordingly, creditor self-help repossession under Section 9.503 of the Uniform Commercial Code, and its Texas counterpart, are now constitutionally suspect, which can be seen in the numerous constitutional attacks in federal courts. Because deprivation of due process requires some form of state action, numerous cases have litigated the scope of state action. To find state action, there must be conduct of …

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Perfection Of A California Tax Lien., Lewis D. Wall Sep 1973

Perfection Of A California Tax Lien., Lewis D. Wall

St. Mary's Law Journal

Abstract Forthcoming.

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Mobile Home Financing., James N. Castleberry Jun 1973

Mobile Home Financing., James N. Castleberry

St. Mary's Law Journal

Abstract Forthcoming.

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A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan Jun 1973

A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan

St. Mary's Law Journal

Abstract Forthcoming.

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Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff May 1973

Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff

William & Mary Law Review

No abstract provided.

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The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White Jan 1973

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

Articles

In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …

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Perfection Of Purchase Money Security Interests In Mobile Homes Under Section 9-302 Of The Uniform Commercial Code Mar 1972

Perfection Of Purchase Money Security Interests In Mobile Homes Under Section 9-302 Of The Uniform Commercial Code

Washington and Lee Law Review

No abstract provided.

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Recent Developments Under Article 9 Of The Uniform Commercial Code, Roy L. Steinheimer, Jr. Jan 1972

Recent Developments Under Article 9 Of The Uniform Commercial Code, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.

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Autos, Title Certificates And Ucc 9-103: The Draftsmen Try Again, Ralph J. Rohner Jan 1972

Autos, Title Certificates And Ucc 9-103: The Draftsmen Try Again, Ralph J. Rohner

Scholarly Articles

No abstract provided.

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The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr. Nov 1971

The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr.

Michigan Law Review

In 1970, the ABA approved a revised version of its insolvency priority recommendation which is now before the Senate Judiciary Committee as S. 2197, having been introduced by Senator Quentin N. Burdick. "by request," for the purpose of inviting public comment. The suggestions and criticisms made in the following analysis of the proposal are meant to detract nothing from the great desirability of the reform, for which I have worked for many years, but are intended to facilitate the kind of accommodation to the legitimate interests of the Government that ultimately paved the way for the adoption of the Federal …

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The Treatment Of Equipment Leases As Security Agreements Under The Uniform Commercial Code, John R. Peden Oct 1971

The Treatment Of Equipment Leases As Security Agreements Under The Uniform Commercial Code, John R. Peden

William & Mary Law Review

No abstract provided.

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Some "Proceeds" And Priority Problems Under Revised Article 9, Ray D. Henson May 1971

Some "Proceeds" And Priority Problems Under Revised Article 9, Ray D. Henson

William & Mary Law Review

No abstract provided.

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Walker-Thomas Strikes Back: Comment On The Pleading And Proof Of Price Unconscionability, Harvey L. Zuckman Jan 1971

Walker-Thomas Strikes Back: Comment On The Pleading And Proof Of Price Unconscionability, Harvey L. Zuckman

Scholarly Articles

No abstract provided.

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Mortgages—Notice—Vendor And Purchaser—Vendor Note Charged With Constructive Notice Of Subsequent Mortgage Of Contract Purchaser's Equity—Mortgagee Required To Notify Vendor To Protect Security Interest.—Kendrick V. Davis, 75 Wash. Dec. 2d 470, 452 P.2d 222 (1969), Anon May 1970

Mortgages—Notice—Vendor And Purchaser—Vendor Note Charged With Constructive Notice Of Subsequent Mortgage Of Contract Purchaser's Equity—Mortgagee Required To Notify Vendor To Protect Security Interest.—Kendrick V. Davis, 75 Wash. Dec. 2d 470, 452 P.2d 222 (1969), Anon

Washington Law Review

Seller and purchaser executed and recorded an installment contract for the sale of land which provided for forfeiture in the event of the purchaser's default. For security purposes, the purchaser transferred his interest in the contract and land to a mortgagee by means of a recorded assignment of contract and deed. When the purchaser defaulted on the contract, the seller sent notice of intent to forfeit to the purchaser but not to the mortgagee, recorded a declaration of forfeiture, and brought an action to quiet title in himself. The mortgagee appeared as a defendant in the seller's action, claiming that …

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The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr. May 1970

The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr.

University of Michigan Journal of Law Reform

Under current bankruptcy law, a partially secured creditor can force a struggling debtor into straight bankruptcy despite the debtor's voluntary attempt to rescue himself from insolvency under a Chapter XIII wage earner plan. Since the partially secured creditor has a security interest in the debtor's personal property, though it may be one of only negligible value, he is generally treated under Chapter XIII as a wholly secured creditor. If the partially secured creditor is affected by the wage earner plan, his assent to it is required before the court can confirm the plan. He may therefore, by his single dissent, …

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Reformation In Corporate Law: Equal Opportunity Must Be Afforded Minority Stockholders In Any Transaction In Shares By Those In Control: Jones V. Ii. F. Ahmanson, Michael D. O'Connor Apr 1970

Reformation In Corporate Law: Equal Opportunity Must Be Afforded Minority Stockholders In Any Transaction In Shares By Those In Control: Jones V. Ii. F. Ahmanson, Michael D. O'Connor

Indiana Law Journal

No abstract provided.

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Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub Mar 1970

Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub

Michigan Law Review

It is likely that, in view of the adoption in forty-nine states of the Uniform Commercial Code (Code), particularly of article 9 dealing with secured transactions, the incidence of interstate conflict-of- laws problems concerning commercial transactions in personal property will be greatly reduced. The reason for this anticipated reduction is that the Code creates uniformity in the applicable law governing the rights and duties both between the secured creditor and the debtor and between the secured creditor and third parties who challenge the secured creditor's right to enjoy his security interest.

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Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White Jan 1970

Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White

Articles

The goal of this article is to lend a helping hand to the debtor's lawyer in his job of defending deficiency judgment suits brought following the repossession and resale of a debtor's encumbered personal property. Although some of the following discussion is relevant to the defense of any creditor's suit, and some applies to representation of the debtor prior to repossession or resale, the focal point of the discussion is the low-income consumer who has lost his automobile, television or some other "hard good" and has become a defendant in a suit brought by his secured creditor for a deficiency …

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Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review May 1969

Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review

Michigan Law Review

p>The first question for consideration is the applicability of the "shelter provision" of section 2-403(1) to these cases. This section may be relied upon by different parties depending upon the nature of the sale. When a bankruptcy sale is involved, the buyer may claim, as Armstrong did in Mitchell, that the section allows him to succeed to the trustee's priority over unperfected security interests. When an ordinary judicial sale is involved, however, there is no intermediate transferee with both title to the property and a clear claim to priority, and the secured party may rely on this section …

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The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo Jan 1969

The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo

Cleveland State Law Review

An artisan who furnishes labor and materials for the repair of chattel property has a valid common law lien upon such property for the reasonable value of his labor and materials while he retains possession of the property. A common law lien has been defined as a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied.

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Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn Dec 1968

Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn

University of Michigan Journal of Law Reform

While secured lenders may have been content to ride the crest of judicial legislation, the only permanent solution to the problem lie in amending either the Bankruptcy Act, the Uniform Commercial Code, or both. This at least is the view taken by the National Bankruptcy Conference's Committee on Coordination of the Uniform Commercial Code and Bankruptcy Act. Since its first meeting in June 1966, the Committee has focused its attention primarily upon the validity, in bankruptcy proceedings, of Article 9 security interests in after-acquired property. In September 1967, the Committee submitted to the Bankruptcy Conference its first draft of a …

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Sales--Implied Warranty Of Merchantability, Peter Thomas Denny Jun 1968

Sales--Implied Warranty Of Merchantability, Peter Thomas Denny

West Virginia Law Review

No abstract provided.

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Current Developments Under Ucc - Article 9, Roy L. Steinheimer, Jr. Jan 1968

Current Developments Under Ucc - Article 9, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.

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