Loan Documentation for the Ag Lender
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End |
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Event Registration |
| 16 Mar 2010 |
09:00 AM |
4:00 PM |
IBA Center for Professsional Development
6925 Parkdale Place
Indianapolis, IN 46254
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Registration has ended. |
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Loan Documentation for the Ag Lender
Click here for a PDF registration brochure.
Poor loan documentation can cost your financial institution thousands of dollars each year. Unfortunately, the importance of effective loan documentation is most apparent when it is already too late. This seminar focuses on the major concepts, specific requirements and common problems in the specialized field of agricultural loan documentation with particular emphasis on avoiding loan losses due to faulty documentation. Our "hands-on" approach allows you to return to work and apply what you have learned. This course should be taken by people involved in the agricultural lending process in lieu of the Basic Loan Documentation Program.
Seminar Topics
Problem Method
Throughout the program the problem method will be used to challenge the participants in important areas of agricultural loan documentation. The instructor will demonstrate the difficulty and challenges often times hidden in everyday/routine agricultural lending transactions by posing problems to the participants based on “real world” situations faced by actual lenders who, unfortunately, documented the loan incorrectly resulting in costly legal challenge. The use of the problem method will involve the participants & challenge their ability to identify documentation errors and deficiencies common in agricultural lending transactions.
The seminar will illustrate how to:
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Perfect security interests in ag-collateral under Article 9 of the UCC
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Identify the borrower (including spouses and children involved in family farming operations) and document the authority to borrow and grant security interests
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Understand contract basics: notes, security agreements, mortgages, pledges and other essential loan contracts
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Undertake essential pre-loan due diligence
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Understand the effect of non-UCC crop lien statutes on the lender taking collateral under the UCC
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Understand the implications of loan default(s)
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Comply with notification requirements under the Federal Food Security Act
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Protect against tax liens and other conflicting encumbrances
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Understand bankruptcy implications
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Recognize and prevent violations of ECOA
Participants will learn a step-by-step process to recognize problems and take action to prevent loan loss exposure from faulty documentation.
Essentials of Article 9 of the Uniform Commercial Code - Revisions Effective July 1, 2001
The 2001 revisions to Article 9 of the Uniform Commercial Code enacted into law in all states has substantially impacted how lenders perfect security interests in all collateral except real estate. Changes have occurred in the area of agricultural security interests. This seminar emphasizes the key changes under the 2001 revisions. Special emphasis will be placed on perfecting security interests in both tangible (e.g., crops and livestock) as well as intangible (e.g., USDA entitlement payments) agricultural collateral. The program will examine the interaction between Article 9 security interests and state agricultural liens which are now included under the expanded scope of the 2001 revisions.
This session will examine the most common problems encountered with UCC Article 9 and provide practical guidance in some critical areas, including:
- Basic scope of Revised Article 9
- Collateral classification and description under the 2001 revisions
- Creating and perfecting security interests in various types of property with emphasis on agricultural collateral
- How to describe collateral in ag-lending security agreements and financing statements
- Perfecting security interests in deposit accounts under the 2001 revisions
- The "where to file" rules under the 2001 revisions
- Different perfection methods under the 2001 revisions and when to use them
- Lien priorities and lien searches
- Enforcing unperfected security interests
- Gaining priority through purchase money transactions including new livestock purchase money rules
Who Should Attend
This seminar is appropriate for anyone involved in the agricultural lending process, including CEO's, loan officers, credit analysts, bank counsel, branch managers with lending authority, loan review personnel, internal auditors and documentation support staff.
About Your Presenter - Lewis C. Laderer, Jr.
Lewis C. Laderer, Jr. is a partner in the law firm of Laderer & Fischer, P.C. in South Bend, Indiana. Laderer & Fischer focus their practice almost exclusively on the representation of commercial banks and other commercial lenders in the areas of banking law, commercial litigation and bankruptcy. Mr. Laderer has extensive experience in assisting community banks in structuring loan transactions, developing loan contracts, and in the management of problem loans and bankruptcies. Strong believers in continuing education in the area of loan documentation & collateralization, Laderer & Fischer have for years, provided training and consulting services to lenders and state banking associations throughout the country. Mr. Laderer holds a B.S. degree from Miami University, Oxford, Ohio and a J.D. degree from the University of Notre Dame. He has practiced law since 1968.
Registration Information
IBA Members
$225 First Person
$155 Additional Members from Same Institution
Non-Members
$450
As of Jan. 1, 1994, only 50 percent of business food and beverage can be deducted. For tax purposes the cost of food and beverage for this program is $25.
Agenda
8:30 a.m. Registration
9:00 a.m. Program begins
12:00 noon Lunch (included)
1:00 p.m. Program resumes
4:00 p.m. Program adjourns
Location
IBA Center for Professional Development
6925 Parkdale Place
Indianapolis, IN 46254
The IBA Center for Professional Development is located on the westside of Indianapolis just off of I-465. From I-465 take the 38th Street West Exit (Exit 17). When you exit go west on 38th street. Turn north/right onto Eagle Creek Parkway and then east/right onto Parkdale Place. Our address is 6925 Parkdale Place, Indianapolis, IN 46254. Click here for a map and a list of local hotels. Dress is business casual.
Confirmation/Cancellation
Everyone who registers online will receive an e-mail confirmation after the registration is submitted. Within three or more business days prior to the day of an educational program, no cancellation charge will be assessed. Within two days prior, 50% of the fee is assessed. Refunds are not provided for cancellations or absences which occur on the day of the program. Substitutions are welcome at any time.
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