Cleveland-Marshall College of Law

Secured Transactions Resource Guide

Introduction
Legislation & Case Law
Major Treatises and Practice Guides
Study Aids
Searching Scholar and Ohiolink
Journal Articles and Current Awareness Services
Databases / Other Web Resources

Introduction

The law of Secured Transactions covers the creation and enforcement of a security interest.  According to Cornell's Legal Information Institute ( LII ), "[A] security interest arises when in exchange for a loan a borrower agrees, in a security agreement, that the lender (the secured party) may take specified collateral owned by the borrower if he or she should default on the loan.  A security interest also provides the secured party with the assurance that if the debtor should go bankrupt he or she may be able to recover the value of the loan by taking possession of the specified collateral instead of receiving only a portion of the borrowers property after it is divided among all creditors."   Further, " Security agreements are contracts. Article 9 of the Uniform Commercial Code governs security interests in personal property. It has been adopted, with some modifications, by every state. A security agreement must comply with other state laws governing contracts."  ( LII )

This selective guide highlights major print and electronic resources available to Cleveland Marshall Law School students researching issues in Secured Transactions Law. Please contact the research services staff during research service hours , or via email to research.services@law.csuohio.edu for help in locating these or other resources to meet your needs.

 

Legislation & Case Law

Uniform Commercial Code – Uniform laws Annotated / West Publishing Co. [1968- Master ed, KF879 .A45 U5  Online version can be found via Westlaw ULA

Uniform Commercial Code : official text and comments, including Article 1 (general provisions), Article 2 (sales), Article 2A (leases), Article 3 (negotiable instruments), Article 4 (bank deposits and collections), Article 4A (funds transfers), Article 5 (letters of credit), Article 6 (bulk sales), Article 7 (documents of title), Article 8 (investment securities), Article 9 (secured transactions), appendices, index / the American Law Institute, National Conference of Commissioners on Uniform State Laws. / Thomson/West, 2007. KF 879 .A15 U55 2007

Chapter 1309 of the Ohio Revised Code (Ohio's UCC Secured Transactions Chapter) (LAWriter from the State of Ohio website) Unannotated.

For Ohio's two annotated codes see:

Baldwin's Ohio Revised Code Annotated / West Pub. Co., 1994 - Print. KFO 30 1953 .A4  Westlaw: (OH-ST-ANN)


Page's Ohio Revised Code Annotated / Anderson Pub. Co., 1953 - Print. KFO 30 1953 .P3   LexisNexis: Ohio Revised Code

LexisNexis – Ohio Uniform Commercial Code Cases  Selected caselaw relating to Uniform Commercial Code law from OH combined cases decided by the Ohio Supreme Court, Ohio Court of Appeals and various Ohio Miscellaneous Courts. Federal & State Cases - Uniform Commercial Code Cases for the multistate library of Uniform Commercial Code (UCC) cases.

Westlaw - OHCML-CS  Cases from Ohio state courts that relate to the Uniform Commercial Code and the law of secured transactions. Coverage begins with 1821. See also Multi State Database - MCML-CS Cases from the state courts of all 50 states and the District of Columbia that relate to the Uniform Commercial Code and the law of secured transactions. Coverage varies by state. See also Topical Materials by Area of Practice  > Commercial Law & Contracts  > State Cases  > Key Number Service topics .

 

 

Major Treatises and Practice Guides

 

  • Security Interests in Personal Property, 3rd ed. / Eldon H. Reiley (Westlaw - GSI) A guide to all aspects of secured transactions. The treatise includes a thorough discussion of bankruptcy law as it relates to Article 9 of the Uniform Commercial Code.
  • Uniform Commercial Code - Revised Article 9. Secured Transactions (Westlaw - UCC-SECTR) Complete text of and official commentary from the Uniform Commercial Code, Revised Article 9. Secured Transactions. The text of the revised article was approved in 1998 and recommended for enactment in all states by the National Conference of Commissioners on Uniform State Laws and the American Law Institute.
  • Documenting Secured Transactions (WESTLAW - PLIREF-SECTRN) Text of PLI's Documenting Secured Transactions by William C. Hillman, which covers the creation of security interests under Article 9 of the Uniform Commercial Code, including the drafting of required provisions, identifying the debtor, describing the collateral, after-acquired collateral, corps or fixtures as collateral, amending documents, continuations, and subordination.
  • UCC Secured Transactions (LexisNexis: Legal > Secondary Legal > Matthew Bender > By Area of Law > Uniform Commercial Code > Secured Transactions )
  • Commercial Law and Practice Guide (LexisNexis: Legal > Secondary Legal > Matthew Bender > By Area of Law > Uniform Commercial Code > Commercial Law and Practice Guide ) includes Art. 9.
  • The ABCs of the UCC. Revised Article 9, Secured Transactions / Russell A. Hakes ; Amelia H. Boss, ed. / Section of Business Law, American Bar Association, 2000.  KF1050 .Z9 H355 2000
  • Securitizations : Legal and Regulatory Issues / Patrick D. Dolan, C. VanLeer Davis III. / Law Journal Press, 2000 -  1 volume looseleaf. KF 1050 .D65 2000
  • Secured Transactions and Payment Systems : Problems and Answers, 2nd ed. / Leo L. Clarke ... [et al.] / Aspen Publishers, 2003. KF1050 .Z9 S39 2003
  • Practice Under Article 9 of the Uniform Commercial Code, 2nd ed. / Stephen L. Sepinuck ed. / Chicago: American Bar Association, 2008. KF 879.527 .A22 P72 2008
  • Forms under Revised Article 9 / Uniform Commercial Code Committee, Task Force on Forms under Revised Article 9 ; Jonathan C. Lipson, ed. / American Bar Association, Section of Business Law, 2002. KF 1048.5 .F67 2002
  • Uniform Commercial Code, 5th ed. / James J. White and Robert S. Summers / West Group, 2000. KF 890 .W45 2000b Westlaw – WS-UCC (use of this database is not authorized under Law School’s subscription agreement)
  • Ohio Forms; Practice-Oriented Forms for Ohio Legal and Business Transactions Chapter 40. Lawyers Co-operative Pub. Co., 1970 - . KFO 68 .O35 (Westlaw - OH-LF ) This database contains the full text of Ohio Forms Legal and Business, Ohio Forms Legal and Business, a 13-volume set of text and forms most commonly used in Ohio, arranged under topics that conform to traditional Ohio classification of legal subjects.
  • Ohio Transaction Guide : Legal Forms . M. Bender, 1975 - . KFO 213 .A65 O35 - (LexisNexis - Ohio Transaction Guide  ) Chapter 125 provides practitioners with legal background, research tools, practice guides, and forms pertaining to practices involving business, wills and trusts, commercial, real estate, and personal transactions.
  • Asset Based Financing 2008 / Commercial Law and Practice Course Handbook Series No. A-904. Order #14278 / Practising Law Institute (PLI): 2008. KF 1050 .Z9 A873 Westlaw: PLI Database Term search: "asset based financing 2008"
 

Study Aids

Searching Scholar and Ohiolink

 Search the main subject heading Security (Law) and Security (Law) -- United States or related entries (Arrest of ships; Assignments; Bail; Chattel mortgages; Debtor and creditor; Earnest; Liens; Mortgages; Pledges (Law); Subrogation; Surityship and guaranty; and Trust receipts) in SCHOLAR and the OhioLINK catalogs. Others include:  Security (Law) -- Ohio ; Security (Law) -- United States -- States ; Uniform Commercial Code

 

 

Journal Articles and Current Awareness Services

See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.

The Business Lawyer, Chicago, American Bar Association. Section of Corporation, Banking and Business, v.1/3(1946/1948 )- K 2 .U82  Westlaw - BUSLAW

Commercial Law Journal, Chicago, Ill. : Commercial Law League of America, [1930-2002]   K 3 .O52 Lexis - COMLJ

DePaul Business & Commercial Law Journal. DePaul University College of Law and the Commercial Law League of America, 2002 - K 4.E63  Westlaw - DPLBCLJ

Duquesne University Business Law Journal, [Pittsburgh, Pa.] : Duquesne University School of Law, v.1(1999) - K 4 .U658

The Journal of Law and Commerce . University of Pittsburgh School of Law, 1981 - K 10 .O87083  Westlaw - JLCOM

The Journal of Law & Economics, [Chicago] University of Chicago Law School, v.1(1958) - K 10 .O872 Westlaw - JLECON

The Practical Lawyer, Philadelphia [etc.] American Law Institute-American Bar Association, Committee on Continuing Professional Education [etc.], v.1(1955 )-  K 16 .R34 Lexis - PRACLW

Uniform Commercial Code Law Journal.  Boston, Warren, Gorham and Lamont, v.1(1968/1969 ) - K 25 .N42

 

 

Databases / Other Web Resources

 

Westlaw: Topical Materials by Area of Practice - Commercial Law & Contracts

All Databases > Topical Materials by Area of Practice > Commercial Law & Contracts

Searchable databases include state and Federal cases relating to civil actions for contract violations; law reviews, texts, bar journals and legal-practice oriented periodicals relating to contract issues; forms, treatises and other practice materials related to contract law; as well as Federal and Uniform Laws (UCC)


LexisNexis - Area of Law by Topic - Commercial Law (UCC)

Searchable databases include federal and state contracts cases, court rules, statutes and legislative materials, administrative materials and regulations, legal reference materials, Model ADR practices and procedures, law reviews and journals, treatises and analytical materials, legal and general news.


Legal Information Institute: Law About...Secured Transactions Law

LexisONE Legal Internet Guide: Commercial Law

Hieros Gamos Commercial Law

Jurist Law Guides: Commercial Law

SMC 6/13/2005;

MR 10/3/08,4/2/09
links checked 8/6/2009 aeb

 

 

 


Cleveland-Marshall College of Law 2121 Euclid Avenue, LB 138, Cleveland, Ohio 44115