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Secured Transactions | How To Make Sure You Get Paid | How To Make Sure It Is Safe To Buy

Secured Transactions

We Stand Ready For Your Secured Transactions Needs Or To Defend A Claim Against You.

Secured Transactions:

You need to know if there are prior liens (an interest in getting paid back) on a thing to feel safe buying or lending against that thing. 

The word “thing” is used here because you can have liens on many different tangible and intangible things, 

For Example, Real Estate, Cars, Stocks, Bank Accounts, and More.

A Secured Transaction Attorney can ensure your interests are protected by:

Searching for prior liens on things being bought or potential collateral considered, whether real estate or personal property.

Properly recording liens on things, whether real estate or personal property.

Recording is how you put the world on notice that you have a claim to a thing.

If liens on things are not appropriately recorded, your lien may not be Honored. Another lender with a lien after yours would be entitled to be paid before you would if they recorded correctly, and you did not. If no money is left after they get paid, you will likely receive no money. 

we protect you

You need to know if there are prior liens (an interest in getting paid back) on a thing to feel safe buying or lending against that thing. 

The word “thing” is used here because you can have liens on many tangible and intangible things.

For Example: Real Estate, cars, stocks, bank accounts, and more.

A Secured Transactions Attorney can ensure your interests are protected by:

Searching for Prior liens:

Whether they involve real estate or anything else being bought.

For potential collateral, if you are a lender.

Lien Priority Negotiations:

If you want to see if you can get a higher priority position for your loan, we can help negotiate to see if a higher priority position is possible.

When other people or companies have priority over you, they will all get paid first if the land is foreclosed.

If no money is left after they get paid, you will not get any money from the foreclosure.

You may still get paid another way, but that is not always guaranteed.

Properly recording liens on things, whether real estate or anything else.

A recording is how you put the world on notice that you have a claim to a thing. 

You may lose your ownership or interest in the collateral if you do not record it.

If liens on things are not appropriately recorded, your lien may not be Honored.

Another lender with a lien after yours would be entitled to be paid before you would if they had a valid security interest and recorded correctly, and you did not. 

If no money is left after they get paid, you will likely receive no money. 

If you buy something with a recorded security interest, depending on whom you buy it from- it may have a security interest that stays attached after purchase. 

Suppose a security interest is still attached after purchase, and the person paying the loan stops paying. In that case, the lender can come to take “your” property.

Do not be one of these people or companies who lend money or buy things without checking for prior liens unless you are lending or buying something you do not mind losing.

Standing watch

If you did not contact a Secured Transaction Attorney and were lied to while making a purchase - You may have a Fraud Case - And we can help with that too.

Fraud:

Fraudulent Misrepresentation:

  • Fraud occurs when the defendant (the person sued) misrepresents something material (essential to a reasonable person) to the bargain,
  • while knowing the misrepresentation is false, and 
  • the person being lied to is justified in their belief of the lie,
  • and the lie caused harm.


Negligent Misrepresentation: 

  • Involves business transactions.
  • Defendant (the person suing) makes a representation during his business or for a transaction with their financial interest in mind.
  • The representation was false and meant to guide others’ business decisions.
  • The defendant did not use reasonable care to find out the information about the representation; and
  • plaintiff (the person suing) justifiably relied on the representation to make their decision.
  • If the Fraud involved negligent misrepresentation, then only financial damages involving reliance on the misrepresentation are allowed.


Fraud in the inducement: 

  • Involves contracts.
  • The defendant (the person sued) misrepresents something material (essential to a reasonable person) to a contract,
  • while knowing the misrepresentation is false, and 
  • the person being lied to is justified in their belief of the lie
  • and the lie caused Damages.


Statutory Fraud:

  • Involves Stocks or Real Estate.
  • The defendant (the person sued) gives false representations about past or existing material (essential to a reasonable person),
  • to get someone to accept a contract (induce someone into a contract); and
  • the person justifiably relied on the information when they entered the contract,
  • and the defendant’s false representations led to harm; or
  • a false representation involving a promise to do something material (essential to a reasonable person), 
  • was given to induce a person to accept a contract,
  • the person justifiably relied on the promise when they entered the contract, and 
  • the false representation led to harm.

It is said sunshine is the best disinfectant, which the law does. It shines the light on dangerous items, situations, and people.

Legal disputes are the primary way companies and individuals learn from their mistakes.

Legal disputes make the world safer for the next person while at the same time getting you the justice you deserve.

I assure you that this firm will take this type of claim personally because we treasure your justice, and we could save the next person from harm or death.

Your Justice Awaits. This Firm Will Be Your Champion And Fight For Your Family’s Honor.

We Will Get It Done.

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IMPORTANT NOTICE: THE CONTENT OF THIS WEBSITE IS NOT LEGAL ADVICE. THE CONTENT ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. Using this website does not mean an attorney-client relationship exists between you and this law firm. The law is not a one size fits all approach, and your case must be thoroughly discussed with a competent attorney. We stand ready to serve and welcome you to contact our office to discuss your needs.

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