- 11 - result of the satisfaction, petitioners retained possession and title to the equipment. 3. Bank of Whittier On August 20, 1985, the Bank of Whittier loaned petitioners $250,000. On January 15, 1986, petitioners gave the Bank of Whittier a security interest in 16 vending machines to secure the loan. The Bank of Whittier caused notice of the security interest to be filed under provisions of the California Uniform Commercial Code. According to the security interest documents, petitioners’ corporations owned the vending machines. The loan was guaranteed by the corporations and, ultimately, was defaulted. On February 24, 1986, petitioners and the Bank of Whittier agreed that the $241,066.01 unpaid principal loan balance would be satisfied from a new loan to be issued to Mrs. Bowden and guaranteed by Mr. Bowden. In turn, the Bank of Whittier released all corporate guaranties and assigned its security interest in the 16 vending machines to Mrs. Bowden. Also pursuant to the same agreement, Mrs. Bowden assigned her one-third interest in LBJ Properties to the Bank of Whittier.6 The settlement agreement is silent as to the ownership of the vending machines. Payments on this loan were made by petitioners individually and 6 The record does not otherwise divulge further information about LBJ Properties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011