Trade wars and wet conditions as farmers attempt to plant their 2019 crop have generated a great deal of uncertainty in the agricultural industry. As the uncertainty surrounding trade and weather grows, it is important to conduct file reviews and ensure best practices are being utilized to secure a lender’s collateral position in government farm program payments and crop insurance proceeds.
FARM PROGRAM PAYMENTS
Courts across the country are divided when a security interest attaches to a government farm program payment, and even if they can attach at all. Due to these uncertainties, best practices dictate using all methods available to a lender in securing collateral.
First, execute a security agreement and file a UCC Financing Statement with the Secretary of State. Once again, courts are divided on which description of collateral is appropriate for farm program payments. In order to avoid any questions whether farm program payments are included in a collateral description on a security agreement, ensure that it includes both farm product and their proceeds, and general intangibles. A blanket financing statement should then be filed with the Secretary of State.
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