Question
Ahmed Bank &Trust issued several loans to Orlando Timberland so that Orlando could purchase timber from various landowners. Orlando gave the bank a security interest
Ahmed Bank &Trust issued several loans to Orlando Timberland so that Orlando could purchase timber from various landowners. Orlando gave the bank a security interest in the purchased timber, and the proceeds from the sale of the timber were intended to repay the loans the bank had made to Orlando. The bank intending to perfect its security interest filed a financing statements with the New Jersey secretary of states office. However, when Orlando sold the timber to various lumber mills with which it did business, Orlando failed to remit the sales proceeds to the bank. The bank filed suit against these purchasers, alleging that the purchasers had negligently entered into contracts with Orlando for the purchase of the timber and failed to exercise good faith. The bank further contended that the purchasers had been negligent in failing to request a lien search of UCC records with the New Jersey secretary of state. Had the purchasers conducted a lien search, they would have discovered the banks financing statement and security agreement. How would you decide this case? Do businesses have a duty to conduct lien searches with respect to firms from which they purchase goods. Assuming that the bank was successful would it have made a difference if the bank failed to file a UCC financing statement
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