Zimmerling v. Affinity Financial Corp.
Massachusetts Court of Appeals
14 N.E.3d 325 (2014)
Facts
In 2008, Affinity Financial Corporation (defendant) received a $13.5 million loan from BHC Interim Funding II, LP. BHC perfected its security interest. In 2010, William Zimmerling (plaintiff) won a default judgment against Affinity for just under $371,000. Zimmerling brought suit seeking to enforce the judgment. Zimmerling named AARP Financial, Inc., which owed Affinity money, in the suit. The superior court ordered AARP to open and fund an escrow account as security for Zimmerling. BHC intervened in Zimmerling’s lawsuit, asserting its interest in the money owed by AARP. The superior court ruled in favor of BHC, finding that its security interest was superior to Zimmerling. Zimmerling appealed, relying on § 9-332 of the Uniform Commercial Code, which stated that, subject to certain exceptions, “a transferee of funds from a deposit account takes the funds free of a security interest in the deposit account.”
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
What to do next…
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
