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Issues in Private Label Lease Transaction Workouts
Issues inherent to private label lease transactions present an additional layer of complexity to the already challenging area of equipment leasing. The fact that the identity of the real owner of a lease has not been disclosed to the lessee, and that the owner is usually relying on third parties to service and collect the lease, introduces an additional element of risk to the transaction that may surpass the credit risk present in any transaction. As is often the case, careful drafting of the underlying documents dramatically enhances the likelihood of the successful resolution of a defaulted lease. Thoughtful documentation of the transaction from the outset, and conscientious monitoring of both the lessee and the assignor or entity servicing the lease, if they are distinct, is critical to successful portfolio management. This article highlights some of the issues that cause complexity in the private label lease transaction and suggests drafting ideas and litigation strategies that will minimize the additional pitfalls that can arise out of the complexity.
General Definition
A private label lease transaction may be generally defined as a transaction where the lease has been assigned to and is owned by one other than the lessor named in the lease, and which is being serviced by and in the name of the lessor or a third-party servicer on behalf of the assignee, or by the assignee in the name of the original lessor. Until notified otherwise, the lessee is not aware of the lessor's assignment of either ownership of the transaction or its servicing rights.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.