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Financial Investigations legal solutions from Lincoln and Morgan San Diego : We specialize in commercial mediation and UCC lien enforcement solutions. As specialists, we are able to guarantee the highest possible recovery of the secured assets, and where possible, effectively mediate lien releases. Oftentimes a mediated solution is achievable with the parties in lieu of collateral surrender. We diligently explore all options to ensure the best possible outcome. We consider all reasonable solutions prior to a final decision on enforcement. Find even more details at Lincoln and Morgan.

We (Lincoln and Morgan) can perform in-depth and detailed financial investigations on each company and guarantor. This gives us the confidence upfront to know we are making a solid decision in the pursuit of the secured collateral. In the event the investigation shows possible discrepancies in the financial documents provided by the recipient we can notify the Lien Holder of the discrepancies so that a decision on all the possible methods of remedy can be considered.

Mediation will not be appropriate in all circumstances. In particular: where the parties require emergency relief, for example, a court injunction (although mediation may be able to assist in resolving the underlying dispute); where a legal or commercial precedent needs to be set; where one or more of the parties wishes the case to be heard in public; it is unlikely to add value if the parties themselves are capable of handling direct negotiations efficiently and effectively; or if it is clear that the other side has no intention to settle but just wants to use mediation as a delaying tactic.

Delinquent accounts are the brakes that bring companies to a screeching halt. The economic exigencies of recent years has pushed many companies to extend the time they will permit an accounts receivable to age prior to instituting formal recovery efforts. Based on the survey of members of the Commercial Recovery Agency Association, this loosening of payment requirements is a severe negative impact on company’s cash flow and profits. In fact in many cases it leads to companies struggling financially and even going out of business altogether.

First, it is important to understand what a UCC lien is. A UCC lien is a document that a lender files with your secretary of state which gives notice that the lender has a claim to certain assets as collateral. A UCC lien will typically prevent you from obtaining additional funding or selling property such as equipment, company vehicles, and materials. But, if you default on a merchant cash advance contract, the merchant cash advance company will sometimes send these liens to your customers, demanding that your customers pay the merchant cash advance company directly rather than paying you. This is because the concept of a merchant cash advance is that the funder is purchasing your future receivables.