Compares scope and enforcement of equine-related statutory liens in TX, KY, and FL. Addresses applicability of UCC self-help procedures. Covers various types of liens that might attach to horses.

1. A Multi-Jurisdictional Comparison of Equine Liens Alison Rowe Bryan, Texas

2. “Possession is 9/10 of the law”

3. What is a Lien? A right to take hold or sell property of a debtor to secure the payment of a debt

4. Creating a Lien Statute Contract Vested by the Constitution of certain states

5. Statutory Liens

8. Lien holder may hold horses and sell horses to collect amount owed.

10. Kentucky Stableman/Agister’s Lien

11. Florida Stableman/Agister’s Lien

15. Kentucky Breeder’s Lien

16. Florida Breeder’s Lien

18. Veterinarian’s Lien Statutory Lien available to vets to secure unpaid veterinary services

19. States with a Veterinarian’s Lien State with Veterinarian’s Lien

20. Texas Veterinarian’s Lien

21. Kentucky Veterinarian’s Lien

22. Florida Veterinarian’s Lien

25. Statutory lien does not require possession

27. What’s so Great About UCC Self-Help Provisions? Allow for private sale of horses 2) Are a known-entity to most judges

28. Under UCC adopted in Texasand Florida It is clear that… For UCC agricultural lien to apply, debtor must be engaged in “Farming Operation”

29. UCC adopted in Kentucky includes a special “Equine Interests” provision in its definition of “Farm Products” 1) Livestock, born and unborn 2) Equine interests (interests in horses, mares, yearlings, foals, weanlings, stallions), whether or not debtor is engaged in farming operations

30. Texas Stableman’s Lien Cannot be an agricultural lien under the UCC because the statute requires possession

31. Conclusions: UCC self-help remedies are best not enforced against hobbyists who are not clearly in the horse business of raising, breeding, boarding, or grazing horses, absent a written agreement that the UCC enforcement provisions will apply.

33. Other Types of Liens

38. Auctioneer’s Liens Florida, Texas and Kentucky do not provide auctioneers a statutory lien on horses put through public auction HOWEVER… Most auction companies provide a security agreement in their conditions of sale covering each horse put through sale.

39. Registration Transfer Holds A lien holder may request a “transfer hold” with the breed registry with whom the horse is registered to strengthen their lien. Very effective- many potential buyers do not do a lien search, but will not finalize sale if cannot transfer the registration with the breed registry.

40. Questions? Alison Rowe Equine Legal Services 1716 Briarcrest Drive, Suite 300 Bryan, Texas 77802 Phone: (979) 691-7333 Email: alison@alisonrowe.com

41. Time for Cocktails!