Reminder:The Collateral and Your Business is YOURS Until the Bank Forecloses. Act Accordingly.

You own the collateral, assets that are valuable as they make you money and are the heart of your business. It may be collateral for your loan, but it remains yours. Therefore you must exercise complete control over them for as long as possible. Of course. So only you can sell an asset, or all your assets, or your entire business as a going concern...NOT the bank.

This is an important fact. The only way the bank can take over control of your assets, hold title, and thus be able to dispose of them as they choose, is either with your permission or through foreclosure, a process controlled by each state differently. Thus any request or demand that you do anything with your assets, such as sell them, is a breach of their fiduciary duty to you the borrower and should not be tolerated or adhered to in anyway, unless the borrower believe it is in his/her own best interest.

The bank has little opportunity to market or even list property for sale but always opts for the liquidation auction as it is deemed an adequate effort to satisfy their fiduciary duty, even if it brings in the lowest possible price, with the most expense. Its as quick as possible, final and is defensible.

Banks do not want to foreclose and take possession of assets. Understanding this is a negotiation advantage. You control the assets until they foreclose.