Advancing Agriculture: Legal Insight for the Ag Finance Industry

Welcome to Episode 3 of Advancing Agriculture with your hosts, Stephanie E. Kaiser and Elizabeth Benefield, where we will discuss practical tips and advice on various topics related to ag lending.

In the second installment of this two-part series, we will discuss security interests in agricultural lending and some of the issues a creditor may face in these areas. This episode will provide practical tips addressing issues related to fixture filings, personal property security interests, the Food Security Act (FSA), and notice requirements under that Act. As part of the discussion, we will talk about differences between personal property and fixtures, and how those differences impact filing considerations. We will also focus on the buyer in good faith rule under the FSA, the exceptions to the rule, and some important notice requirements to keep in mind in order to maintain or better protect a secured lender’s lien position. 

Welcome to Episode 2 of Advancing Agriculture with your hosts, Stephanie E. Kaiser and Elizabeth Benefield, where we will discuss practical tips and advice on various topics related to ag lending.

In this two-part series, we will discuss security interests in agricultural lending and some of the issues a creditor may face in perfecting, maintaining, and protecting those interests. This episode will provide a summary of Article 9 of the UCC, which provides guidance on the creation and enforceability of security interests in personal property and fixtures, and will discuss how a creditor can create an enforceable security interest on collateral under Article 9. In addition, we will discuss ways a creditor can perfect its security interest to provide rights against other creditors, steps to protect security interests, strategies to keep financing statements current, and how to plan for and address a change in location of collateral.

Part 2 of Article 9 Challenges, available soon, will continue this discussion and cover the Food Security Act.

Welcome to Episode 1 of Advancing Agriculture with your hosts, Stephanie E. Kaiser and Elizabeth Benefield, where we will discuss practical tips and advice on various topics related to ag lending.  

When dealing with agricultural debt, it is important to identify whether the loan has become a distressed loan in accordance with regulatory guidance so that appropriate steps can be taken in a timely manner. In Episode 1, we will discuss distressed agricultural debts, including how to identify and distinguish a distressed loan, some issues that can be created with delayed identification, and some steps a lender can take to approach such debts successfully.