Strict Foreclosure On Agricultural Equipment Extinguishes Junior Lien Even In Absence Of Notice

LexisNexis (October 20, 2016, 9:29 AM EDT) -- A handy option to holding a foreclosure sale is to retain the collateral in satisfaction of the debt, as authorized by UCC 9-620 through 9-622.  This "strict foreclosure" approach has historical antecedents in the law of real property, particularly the deed in lieu of foreclosure.  From the secured lender's viewpoint, there are many advantages to strict foreclosure: (1) it avoids the extra costs of a foreclosure sale in situations where no deficiency claim is likely to be collected; (2) it insulates the creditor from later attack upon the disposition as "commercially unreasonable"; (3) it can quickly remove property from the debtor's estate, as when bankruptcy is imminent. (4) it can be used for a variety of personal property assets, including intangible collateral such as receivables.  It is sometimes used by blanket secured lenders as a way of maintaining the debtor's business as a going concern; and (5) collateral may be retained in full satisfaction of the debt or, as part of a workout, in partial satisfaction.  If a consumer transaction is involved, retention in partial satisfaction is not allowed.  UCC 9-620(g)....