Matt, we will just have to create a Joinder Agreement for MAF4 once it has been formed and corporate documents have been completed. However, it should be noted, unless the contracts are originated by MAF4, they are encumbered. If the Car Co. (Signature) is the 'selling party' on the RISC, and transferring to a related entity, then the blanket UCC lien protects those contracts. The UCC filings of concern contain language that encumbers all assets of the business, which includes Chattel Paper, and Chattel Paper is often explicitly recorded. The aforementioned scenario is true regarding two of the current filings on Signature. There is no way around this unless the secured lender authorizes the release. If you think of it in terms of our
borrowers – PrimaLend would not allow the chattel to be assigned/transferred/sold without our permission. The UCC filing is notice to the world that a security interest in the collateral exists, and if that collateral could be moved from one party to another it would not be collateral. Mark, Gary, Paxton, I realize that this has been a common practice for PrimaLend, but the UCC statute makes it clear that the priority falls with the secured lenders in order of filing. And, thankfully so because it also ensures PrimaLend’s security. This coupled with our inability to have Pete's equity free and clear gives me pause. For the avoidance of doubt, I discussed the above with Matt Crocket, and he confirmed.
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
...ost of the time, if the person in front of him/her will sign the form, stating that they have read it, it has served its purpose; the agent has done what is required to keep the Missouri Real Estate Commission (MREC) auditors happy. Many people find the MBDF to be ambiguous, not so much because of the way it is written, but because the definitions and rules that the MREC have created are in fact, in themselves, ambiguous. The document should however communicate to a buyer or seller that the State of Missouri does take issues such as ethics, honesty, and trust seriously; and they will take action against unscrupulous agents who disregard such, and work merely to pad their own pockets, thereby enabling buyers and sellers to actually put their trust in licensed real estate professionals. In that sense, the Missouri Broker Disclosure Form is an effective instrument.
The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed as legal by definition of the SOF, there must be verification of the following requirements for formation of the contract, which are as follows: (1) There must be least two parties to the contract, (2) There must be a mutual agreement and acceptance on the price to pay for goods and services offered, (3) The subject matter or reason for entering the contract, must be clearly understood by all parties to the contract, (4) and there must be a stipulated time for performance of duties under the contractual obligations (Spagnola, 2008). Lastly, there are five categories of contracts that are covered under the SOF, which are as follows: (1) The transfer of real property interests, (2) Contracts that are not performable within one year, (3) Contracts in consideration of marriage, (4) Surtees and guarantees (answering to the debt of another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008).
That said, we agree that the core of commercial transactions and the Uniform Commercial Code are fundamental bases for international commercial transactions. Over the years, all laws have influenced society to shape their format into better laws more applicable to the reality of each time. The same has happened with the UCC, to better serve the demands of today’s business commerce. The UCC serves today as such a complete version for business transactions that common law will only apply when the Code is not spoken. One example of this situation is that prior to the adoption of the UCC, sales contracts were governed by the common law of contracts.
Another thing that I observed and recorded with an a frequency count was Jamie doing several work sheets. One of theses worksheets was a math specifically counting and the other worked on identifying objects that started with the letter R. After the teacher gave instructions on both the papers Jamie started to work on her worksheets. With in the time it took her to finish these worksheets (less then 15 minute) Jamie ask on of the adults if she was doing the work correctly about seven times. One thing that I would modify in the future is the instructions that were given at the beginning. I would make sure that the students understood what they were support to be doing before they started the assignment. I would also be very specific with
Overall, this college would provide a good education with three of my most beloved and favoured subjects for my career goals/interest. So, my keen interests are my three picked courses that have the grade requirements that I am available to overcome and exceed. Also, this college is very close to my location (7 Hadley Croft, B66 1DP) and provides a bus service in Oldbury and West Bromwich, which is a perfect combination to travel to this college. Overall, there won’t be any worry or difficulty of reaching Halesowen College thus this place forms to be an excellent place for me to continue my education for Year 12 and Year 13.
From 2011 and onward, my family had fallen into bankruptcy for paying out of pocket for my older brother’s medical expenses and surgery costs due to his diagnosis of heart failure. In 2013, when I took the standardized ACT exam two times, I scored both times an 18 which was below my university’s 2014 entering freshmen class’s composite score average of 24.5 (copy of score report is attached). Furthermore, upon taking the LSAT two times with over four months of self-studying for the September exam, I scored first a 141, and a 140 on my last attempt. When taking both examinations, I have not been able to afford tutoring pertaining to the exams or a preparation course. Although I have worked numerous jobs during the past few years in college,
All throughout Colorado there has been many developments and expansions. One of these developments is the railroad system. Railroads were and still are such an essential means of transportation for people as well for industries involving coal and fuel, and many other things. There are many key players and developers that took part in revitalizing Colorado in the 1870s. Some of these key players that contributed to the territory’s growth were William A.H. Loveland, Edward L. Berthoud, Henry M. Teller, and William Jackson Palmer.
I read the Syllabus very carefully, as requested, and I do not have any questions. The topic I choose to do a web field trip on to search and return with one fact is “Specific Populations to assess: developmentally challenged”. I am using information from APA.org, which is where I found the one fact that was requested for this assignment. What I found was a set of guidelines for the treatment and assessment of people with disabilities that were developed by a task force of APA specialists. I am using the section “Testing and Assessment” which includes Guidelines 13, 14, 15, 16, and 17 (APA Task Force, 2017) I found the fact that I am going to share under Guideline 15 which is “Psychologists strive to determine whether accommodations are appropriate for clients to yield a valid test score” (APA Task Force, 2017, Guideline 15).
Anchor standard 1: Read closely to determine what the text says explicitly. Cite specific evidence. Draw conclusions.
The moral philosophy best describes my personal decision making is virtue ethics (Ferrell, Fraedrich, & Ferrell, 2013). It best description of me as virtual ethics having exceptional moral character (Ferrell, Fraedrich, & Ferrell, 2013). My character displays honesty, integrity, and helpfulness (Ferrell, Fraedrich, & Ferrell, 2013). For example, a friend attempted to commit suicide as a result of a wife asking for a divorce through email (Ferrell, Fraedrich, & Ferrell, 2013). However, while working I received a phone call from him stating his desire not to live anymore (Ferrell, Fraedrich, & Ferrell, 2013). Meanwhile, I called his son to ensure that he wasn’t alone however, his son drove to the house and found his father sitting and with a
...am R, Incompletely constituted trusts: Covenants to settle property (Equity & Trusts: Text, Cases, and Materials 2013).
Using the 4 step process, consider whether the element of agreement required for the formation of legally enforceable contract has been satisfied in the above scenario involving Isabella and Sienna.