Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Looking to spice up his social life, Harvey purchased a 2022 hot red Alfa Romeo convertible from Anissas Alfa, Inc., an authorized Alfa Romeo car

Looking to spice up his social life, Harvey purchased a 2022 hot red Alfa Romeo convertible from Anissas Alfa, Inc., an authorized Alfa Romeo car dealer. The purchase price including all taxes and other fees was $74,000. Harvey put down $24,000, and financed the balance through Alexa Lending Corp., a company that regularly did lending related with business Anissas Alfa, Inc. On May 1 Harvey and Alexa entered into a security agreement naming the purchased car as collateral, and on that date Harvey signed a negotiable promissory note in the amount of $50,000 payable with 12% interest per year in equal monthly installments for sixty months at which time the loan would be liquidated in full, as provided in the loan agreement between Harvey and Alexa. Also on May 1 Alexa properly filed Financing Statements concerning the transactions. On May 2 Harvey arranged for appropriate insurance coverage over the car, and on May 5 Harvey took title to the car and eagerly drove it away. Harvey was never aware that the car he purchased was part of collateral that helped secure a loan Anissas Alfa had with Ben Bank. (All events took place during 2021.)

Harvey was unhappy with the Alfas integrated Bluetooth audio/navigational system because the sound was not sufficiently loud enough to attract the attention of prospective dates in neighboring cars when he drove down to the beach. So on July 1 he purchased a new system from Anthonys Aftermarket Audio for $8,000. Since he didnt have enough cash to pay for this, he financed the purchase with $1,000 down and the balance with a two-year loan from Anthonys. Per their agreement, Anthonys took a UCC security interest in the car, and properly filed Financing Statements the next day. Also on July 1 Anthonys took a negotiable promissory note made payable to bearer from Harvey which note was due and payable two years hence. Harvey did not have Anthonys install the system, however, as Harveys personal mechanic, Kyle, would install it for far less money than Anthonys would charge. So Kyle installed the system, and on July 3 presented Harvey with an invoice for $900. Since Harvey was now really short of cash, he asked Kyle if he could have until next week to pay. Kyle said this would be okay, but Kyle insisted on holding the car until Harvey made payment in full. Kyle did not take any other UCC steps to secure this credit.

On July 4 just before leaving the house to walk to the bus stop to grab a bus for the beach (Kyle still had Harveys car), Harvey opened his mail to find a termination notice from his employer. Harvey is now unable to pay Alexa, Anthonys, Kyle, or any of his other creditors. Meanwhile, on July 3 Anthonys had transferred the note made to him by Harvey to Dom, a supplier, in settlement of money owed by Anthonys to Dom. Dom did not know Harvey, nor did he have any information that would indicate that Harvey would not pay on the note.

Regarding the note made by Harvey to Anthonys, Dom appears to be

a. a mere holder b. a secured party c. a holder of chattel paper d. a holder in due course e. none of these

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Cyber Attack Survival Manual

Authors: Heather Vescent ,Nick Selby

1st Edition

1681886545, 978-1681886541

More Books

Students also viewed these Finance questions