Practices

Mark D. Ovington

Partner

DIRECT CONTACT
816.691.2444
e-mail | vCard

KANSAS CITY OFFICE
1201 Walnut, Suite 2900
Kansas City, MO 64106

Mark’s practice focuses on transactional work, particularly secured lending. Mark has acted as lead counsel in various types of financing transactions, including acquisition financings, asset-based loans, recapitalization loans, real estate financings, bond transactions and margin loans. Mark also advises creditors on various consumer credit matters.

Representative Experience

Commercial Credit: Mark has acted as lender’s and borrower’s counsel in a variety of large commercial credit facilities. Transactions include large multi-bank syndicated facilities, participated facilities, leveraged buyouts, mortgage warehouse lending, mezzanine financing and bond transactions. Mark has also represented creditors and debtors in loan workouts and loan enforcement actions. In addition, Mark has helped creditors develop new commercial loan products.
Consumer Credit: Mark advises creditors on a variety of consumer credit matters, including licensing, permissible charges, credit practices and regulatory compliance. Mark has advised consumer credit providers on a variety of closed- and open-end consumer credit products, including first and second mortgage loans, retail installment sales and credit card transactions.
Corporate Transactions: Mark has represented various large corporate clients in acquisition transactions and in negotiating contracts with suppliers and customers.

Education

Vanderbilt University, J.D., 1987

Washington University, B.A., 1981

Of Note

Mark is a frequent seminar speaker and has published numerous articles on various commercial law issues. Mark was also the principal drafter of Kansas Senate Bill 301, which significantly revised the Kansas Consumer Credit Code in 1999.

Bar Admissions

Missouri, 1987
Kansas, 2000

Professional Affiliations

The Missouri Bar
Kansas Bar Association

Articles

"Lending Against Hedge Fund LP or LLC Equity Interests," Clarks' Secured Transactions Monthly, Vol. 23 , No. 4, June 2007
"Electronic Chattel Paper: How to Perfect by Control," Clarks' Secured Transactions Monthly, Vol. 22, No. 7; September 2006
“Financing Fixtures: A Walk Through Revised Article 9,” Clarks’ Secured Transactions Monthly, Vol. 20, No. 12; February 2005
“Filling Errors: Getting the Debtor’s Name Right,” Clarks’ Secured Transactions Monthly, Vol. 20, No. 11; January 2005
“When is a Check an Electronic Fund Transfer? The Fed Weighs In,” Clarks’ Bank Deposits and Payments Monthly, Vol. 9, No. 10; March 2001
“FRB Proposes Reforms to Truth in Lending and RESPA for Home Mortgage Loans,” Clarks’ Secured Transactions Monthly, Vol. 14, No. 9; November 1998
“OCC Permits Interstate Banks to Charge Home-State Interest Rates,” Clark’ Bank Deposits and Payments Monthly, Vol. 6, No. 10; April 1998
“Security Deposits under Automobile Leases: Who Gets the Interest?” Clarks’ Secured Transactions Monthly, Vol. 13, No. 12; February 1998
“New York Court Upholds Lender's Right to Repledge Collateral,” Clarks’ Secured Transactions Monthly, Vol. 13, No. 7; September 1997
“Money Laundering: The Innocent Conduit,” Clarks’ Bank Deposits and Payments Monthly, Vol. 6, No. 3; September 1997
“New York Court Upholds Pledgee's Right to Keep Income from Pledged Securities,” Clarks’ Secured Transactions Monthly, Vol. 13, No. 4; June 1997
“Facsimile Signatures on Checks: Get it in Writing,” Clarks’ Bank Deposits and Payments Monthly, Vol. 5, No. 11; May 1997
“Depositary Bank is a Holder in Due Course of Dishonored Check,” Clarks’ Bank Deposits and Payments Monthly, Vol. 5, No. 11; May 1997
“Perfecting Security Interests in Limited Liability Companies,” Clarks’ Secured Transactions Monthly, Vol. 12, No. 12; February 1997
Co-authored, “A Practitioner's Guide to Secured Lending under Revised Article 8: Everything Is Under Control,” Annual Review of Banking Law, Boston University School of Law, Vol. 16, Page 397; January 1997
“Lender Alert on Security Interests in U.S. Treasuries,” Clarks’ Secured Transactions Monthly, Vol. 12, No. 10; December 1996
“New Federal Law Limits Environmental Liability for Lenders,” Clarks’ Secured Transactions Monthly, Vol. 12, No. 9; November 1996
“U.S. Treasury Issues New Regulations on Perfecting Security Interests in Treasury Securities,” Clarks’ Secured Transactions Monthly, Vol. 12, No. 8; October 1996
“Warehouse Receipts: Sixth Circuit Rejects Unjust Enrichment Claim of Unsecured Creditor,” Clarks’ Secured Transactions Monthly, Vol. 12, No. 7; September 1996
Co-authored, “Lending to Start-Up Broker-Dealers and Investment Advisors,” The Missouri Business Law Quarterly, Vol. 3, No. 1; Spring 1996
“Unearned Insurance Premiums Not Covered by Article 9,” Clarks' Secured Transactions Monthly, Vol. 12, No. 1; March 1996
“Supreme Court to Decide if Putting a Hold on a Deposit Account Violates the Automatic Stay,” Clarks’ Bank Deposits and Payments Monthly, Vol. 4, No. 3; September 1995