Your company (XYZ Teeth) manufactures and sells dental equipment in
the state of Georgia (those very large dental chairs which get bolted
into the ground in dental offices). Dr. Johnny Tooth purchases
(finances) one such piece of equipment from XYZ. The terms of the
written security agreement: 7 years (84 months)/$2,000 per month
(includes interest).
1a. At the time of purchase and thereafter, XYZ wants to protect its
security interest in the dental chair. List and number the
step-by-step procedure of protecting this security interest IN THE
STATE OF GEORGIA. Mention any specific forms which are needed, where
they need to be filed, and any applicable time frames.
1b. Assume now that XYZ has properly protected its security interest.
Johnny Tooth then defaults on his lease to the landlord of his office
-- as well as on XYZs security agreement, after 6 years of timely
payments. A clause exists in the landlords lease that says she owns
the contents of the dental office in the event of Tooths breach. XYZ
informs the landlord that its interest in the dental chair is superior
to the clause in the landlords lease. The landlord disagrees, and
replies that the removal of the dental equipment would cause some
minor damage to the floor of the office if it is removed. Who should
prevail when XYZ files a lawsuit to retrieve these goods from the
landlord, and why?
1c. Assume that XYZ wins the battle over the dental chair with the
landlord. It gets the equipment out of the office and approaches only
one company about the purchase of the equipment -- ABC Toothbrush
and sells it the dental chair for $22,000 (this amount cancels out the
balance on Johnnys contract, $22,000). However, XYZ alleges that with
the cost of removal, interest, court costs, and attorneys fees,
Johnny owes XYZ the sum of $18,000.
Assume that XYZ only checked with one company about the sale of the
dental equipment. What specific defense will Johnny raise (concerning
XYZs claim to $18,000) in his Answer and Defenses, and why? |