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>I am not TT but I can address some of this. Most >leased instruments cannot be loaned against becaused >usually there is a undertaking or indeminity claus >written in the lease contract that "your" bank >guarantees the instrument will be returned >unencumbered. This claus is meant to protect the >lessor from loss. > >When you lease an instrument it must be sent to your >bank unless you are leasing one of those "grey-screen" >scams. Therefore your bank assumes responsibilty for >the instrument. > >Lenders who claim they can loan on these can only do >so when and where these clauses are not in the >contract. Otherwise if you default on the loan the >lender has no recourse. The owner has the right to >re-acquire his instrument at the end of the contract's >term. The bank, "your bank" is obligated per the >contract's term to return the instrument lien free. > >Too often I see clients who have fallen for this scam. >They lease an instrument assuming a loan will be >possible but in 99.9% of the cases it is not. Place >yourself in the lessor's shoes. Why would anyone lease >a 100 million dollar instrument for a fraction of the >face value with no safe guards in place?

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