Here Is What You Need to Know To Comply With The New UCC Article 9 Amendments  As promised, this month we start our discussions of the new Amendments to UCC Article 9, including the revised filing forms. With the changeover date just around the corner on July 1, 2013, the first step in understanding what is required is for you to know if you are located in an Altermative A or Alternative B State. Click the CSC chart to see how your State will treat these new amendments.
Chart of States Choosing A or B Alternative
Now read our first article, which includes the forms you will need.
If you have missed any of our earlier Newsletters, you can find them on the left side of the Home Page of our Blog Site located at ww.glassgoldbergblog.com
Don't forget to read the remaining articles below on electronic signatures, impairment of creditor's rights to unclaimed property, new real property foreclosure laws and arbitration clauses. Regards. Marshall Goldberg
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Pt. 4-Enforcing Electronic Signatures in Commercial Contracts-Background, Current Law, and Practice
In the last several articles, we've discussed some history of electronic signatures in commercial transactions and corresponding legislative attempts to keep up with and regulate the process. In our final article discussing the use of electronic signatures in commercial transactions, we will highlight some practical aspects of proving the existence of an electronic signature in a breach of contract context. Read More |
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Proposed Amendment to CCP 1540 Would Strip Creditors' Rights to Apply for and Receive Property Held By the State Controller Under California's Unclaimed Property Law
Just a few months ago in December, we wrote about Weingarten Realty Investors v. Chiang[1]. In that case, the Court of Appeals for California's Fourth Appellate District decided any person who claims an interest in unclaimed property, such as an assignee, may apply for and recover property under Code of Civil Procedure Section 1540.[2] The phrase any person includes an assignee judgment creditor seeking to recover unclaimed property which escheated to the state prior to the assignment. Read More |
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Creditor's Declaration Was Insufficient Support for Judicial Notice in the Face of Debtor's Challenge Regarding Creditor's Notice Requirements
In Intengan v. BAC Home Loans Servicing, LP, Arden M. Intengen appealed from the lower court's judgment of dismissal entered after the court sustained the demurrer to her third amended complaint without leave to amend. Intengan originally sued BAC to preclude forclosure on her property, contending BAC lacked authority to do so under the relevant deed of trust and notice of default. Read More |
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California Appellate Court Upholds Auto Dealer's Arbitration Clause in Sales Agreement
The California Court of Appeal for the First District (Div. One), in the case of Gustavo E. Vasquez v. Greene Motors, Inc., et al., recently considered an appeal regarding an arbitration clause in a vehicle sales agreement. The court ultimately held that the arbitration clause was procedurally unconscionable, but not substantively unconscionable. On that basis, the appellate court remanded the matter to the trial court to enter an order directing the parties to engage in arbitration in accordance with the terms of the sales contract. Read More |
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April 2013
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