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Article: Certificateless and Non-Negotiable Certificates of Deposit as Pledged Collateral: Don't Bet on It!
- Article from:
- Business Credit
- Article date:
- June 1, 2001
- Author:
CopyrightCOPYRIGHT 2001 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A creditor with a security interest in a certificate of deposit believes that it has highly liquid collateral to secure payment of its claim. However, the creditor's security interest must be perfected in order for the creditor to have priority over the interests of a competing lienholder, such as a judgment creditor or bankruptcy trustee. As a result of a number of recent court decisions, a secured creditor should not take it for granted that it has obtained a perfected security interest in a certificate of deposit pledged as collateral. If a secured creditor does not have a perfected security interest in the CD, the CD will be an unencumbered asset available for ...