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https://www.theknowledgegroup.org/webcasts/lender-liability-in-commercial-and-residential-foreclosures/
Join us for this Knowledge Group Online CLE Lender Liability Webinar. Lender liability, in the context of foreclosing a mortgage, can arise in a number of ways, from inadequate evidence to support the cause of action to defenses to counterclaims alleging various state and federal causes of action. This program will address ways in which lenders can minimize their liability.
The Perishable Agricultural Commodities Act (PACA) creates a statutory trust in favor of unpaid suppliers of perishable fruits and vegetables who sell produce on credit to marketing companies, wholesalers, distributors, and even grocers and restaurants. The PACA subordinates a lender’s security interests in the trust assets of the buyer of the produce until the produce supplier has been paid in full for the produce sales. If the lender is paid first while produce suppliers are unpaid, a lender may be required to disgorge any monies received from its production company customer, not unless the lender can prove it was a bona fide purchaser for value.
This program will address the general nature and attributes of the PACA trust, the potential lender liability under the PACA for receipt of trust assets, the recovery of damages and other relief under the PACA, and practical steps for a lender to successfully do business with customers in the multi-billion dollar U.S. produce industry without unknowingly incurring lender liability under this important, industry-specific law.
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