Davidlutz

How Minnesota Banks Can Minimize Litigation Risk (1)

David Lutz, Minnesota Attorney – Lender Liability Defense: How Minnesota Banks Can Minimize Litigation Risk

Community banks and credit unions face an increasingly complex legal landscape when managing problem loans and borrower relationships. While lenders maintain legitimate rights to protect their collateral and enforce loan agreements, disgruntled borrowers often respond with counterclaims alleging lender misconduct. This guide, prepared by David Lutz, Minnesota attorney, helps in understanding common lender liability theories—and […]

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Explains Purchase Money Priority Under the UCC

David Lutz Attorney Explains Purchase Money Priority Under the UCC

In secured lending, few issues are as critical—or as frequently misunderstood—as purchase money priority. When multiple creditors claim an interest in the same collateral, priority determines who gets paid first. Under Article 9 of the Uniform Commercial Code (UCC), purchase money security interests (PMSIs) can dramatically alter the normal first-to-file priority rules. For lenders and

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David Lutz Attorney

David Lutz Attorney on Purchase Money Security Interests and Lien Priority

In secured lending, lien priority determines outcomes. When a borrower defaults or enters bankruptcy, priority dictates which creditor gets paid first—and which may recover little or nothing. One of the most powerful, and most misunderstood, priority tools under Article 9 of the Uniform Commercial Code (UCC) is the purchase money security interest (PMSI). While PMSIs

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