Commercial UCC Lien Mediation law firm with Lincoln & Morgan today : All too frequently, the recipients of commercial funding choose to avoid properly surrendering the pledged collateral upon default. Often they choose instead to evade the UCC Lien holder and their rights to the collateral and retain, remove or even sell the secured collateral without authorization. This improper and intentional avoidance increases the costs and difficulty for the lien holder in securing their rights to the pledged collateral. Discover more info at Lincoln & Morgan.
Our Mission: To Provide the Best Solutions and Outcome For all Parties! We (Lincoln and Morgan) diligently attempt to work with recipients, landlords and successor entities to quickly and reasonably resolve encumbrances in lieu of taking possession of the collateral. While we are not always successful in mediating a proper release, as some parties are uncooperative, we do encourage all of the parties responsible for the pledged collateral to feel free to contact our offices at any time. We are open to discuss the matter in detail and explore any possible solutions there maybe. We understand the complexities that are involved for each party and therefore we welcome your open and honest discourse.
Other advantages of mediation include: the fact that parties can engage without being seen to lose face as mediation is a planned part of the dispute resolution process; the mediator can be entrusted with the “true” position of each party as to where it will settle, hence he can help the parties to bridge the gap between them since he will know how wide the gap truly is as opposed to the parties’ public statements; a mediator does not judge the issues but facilitates agreements which can be committed to in a binding form.
Delinquent accounts are the brakes that bring companies to a screeching halt. The economic exigencies of recent years has pushed many companies to extend the time they will permit an accounts receivable to age prior to instituting formal recovery efforts. Based on the survey of members of the Commercial Recovery Agency Association, this loosening of payment requirements is a severe negative impact on company’s cash flow and profits. In fact in many cases it leads to companies struggling financially and even going out of business altogether.
Mediation is a process whereby a neutral third party facilitates negotiations between the parties to a dispute to help them find a consensual outcome. The mediator is actively involved but generally has no power to adjudicate or say who is right and who is wrong. Importantly, in a mediation the parties retain ultimate control over the decision of whether to settle and on what terms. The increasing use of mediation throughout the world has largely been attributed to the encouragement given by courts to use mediation as an aid to settlement. Many jurisdictions (such as England and Australia) have written mediation into their court processes.