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Commercial UCC Lien Mediation legal solutions with Lincoln & Morgan San Diego : The major advantage of being a secured commercial lien holder is the lien holder’s ability to secure the entirety of the pledged assets as collateral as established through the security agreement and evidenced by the UCC Lien. The security agreement clearly identifies the specific secured collateral that is being pledged. The problem occurs at the point of default of the funding agreement and when the recipient refuses to surrender the secured collateral as was required by the agreement. Find more information on Lincoln and Morgan.
We (Lincoln and Morgan) can perform in-depth and detailed financial investigations on each company and guarantor. This gives us the confidence upfront to know we are making a solid decision in the pursuit of the secured collateral. In the event the investigation shows possible discrepancies in the financial documents provided by the recipient we can notify the Lien Holder of the discrepancies so that a decision on all the possible methods of remedy can be considered.
Does it work? According to the main proponents of mediation: yes. Even if settlement is not achieved, one key benefit of mediation is that parties often leave the mediation with a better understanding of the issues in their own and the other side’s case. Mediation also offers an insight into the parties’ commercial as well as legal concerns which may explain why many cases that do not settle on the day settle shortly thereafter. How does it work? One of the main characteristics (and advantages) of mediation is flexibility: the identity of the mediator and the procedure and format are agreed by the parties in accordance with their commercial needs. As such, there is no universal procedure but typically, commercial mediations go through at least four main phases.
We (Lincoln and Morgan) pledge the highest possible results all while providing a professional, ethical and transparent approach for all parties affected. We are committed to offering excellence in all aspects of the process. At any point in the process, prior to retrieval, we are open to mediate with all parties for the proper release of the UCC liens and security agreements involved. According to a survey of members of the Commercial Law League of America, the probability of full recovery on a delinquent account drops dramatically with the length of delinquency. For example, even after only three months, the probability of recovering a delinquent account drops to 73.1%. After six months, 50% of delinquent accounts will never be recovered. After one year, the probability of ever recovering a delinquent account drops to 25%.
Merchant cash advance companies use these liens as weapons to coerce you into paying a debt that you may not even owe them. A UCC lien is supposed to be a shield, to protect the funder from businesses who take money and try to run away with it, without paying the funder back. However, if a merchant cash advance company claims that you have defaulted, even if you have not, the company can still make the same demand, using this lien as a sword rather than a shield.
