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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Superior Court: A Secured Loan Transaction Only Conveys A Security Interest, Not Legal Title

Segovia v. Equities First Holdings, LLC, 2008 WL 2251218 (Del. Super. Ct. May 30, 2008).

This decision offers predictability to parties entering into straightforward secured loan transactions under Delaware law. It assures that a security interest will not be treated as a conveyance of legal title. And, it prescribes that if a party intends for a transaction to result in the conveyance of rights to the secured lender greater than a security interest, then that party must set forth crystal clear and unequivocal language in the parties’ contract.  More ›