🏀 KuBuckets Archive

Cliff turned 19 in November of 2014, so he would have been a legal adult (18 years old) in August 2014.

As such, his signature would have been necessary to consent to his property being used a collateral for a loan for his parents or to provide guaranty for the indebtedness.

The Yahoo Sports story indicated a UCC financing statement had been filed with the Illinois Secretary of State.

When a lender makes a vehicle loan, its lien is noted on the title. When a lender makes a loan using real estate as collateral, the lender perfects its security interest by filing a mortgage or deed of trust (depending on the state) with the appropriate office (such as a Register of Deeds).

Article 9 of the Uniform Commercial Code outlines how a lender is able to perfect a lien against other property that is not titled or deeded.

A UCC Financing Statement filed with the Secretary of State is a way for a lender to put other potential lenders on notice that a lien has already been filed against assets of the borrower.

Article 9 outlines very specific language that must be used in order to properly perfect the lien.

A lien against a Debtor's interest in contractual benefits could be obtained, although normally a contract (presumably and NBA contract in this case) would need to be in existence or at least imminent (technically can't pledge collateral that doesn't yet exist) . And for that lien claim to be enforceable, its use as collateral would need to be acknowledged by the person who was set to receive those contractual benefits.

At any rate I completed the UCC search on the Illinois Secretary of State web site Latillia Alexander (his Mom) and found an overview of the record, but in order to see the actual document a copy must be ordered from the Secretary's Office.

I did not find results on a search for his father - Clifton Terry.

I also searched for Cliff Alexander and Clifton Alexander, but did not find any results.....although if Cliff is a nickname, his middle name or if Cliff is not the first part of his first name the search criteria would not have found any filings.

Long story, made short.....if Cliff wasn't involved the lender did not have the authority to place a lien on his future earnings.

Mom could sign the loan, but without Cliff's consent or guarantee the lender would not have claim to Cliff's future income stream....and they might not even if he had been involved......and the enforceability of the contract were contested.

So......in an ironic twist - if it was the UCC financing statement that tipped off the NCAA to possible improprieties - in filing a potentially worthless UCC the lender may have compromised their ability to get repaid by impairing Cliff's ability to improve his draft stock,

Just a guess here, but with each passing day I become more resigned to belief that Cliff has played his last game as a Jayhawk.

If proven that impermissible benefits were received by a family member and that Cliff was aware of it, his college career is done.

With Cliff's attorney purportedly preventing the proceedings from moving forward by not allowing the NCAA to sit down with Cliff, he is effectively arriving at the same outcome without an admission of guilt on Cliff's part.

Thus - just as the attorney indicated in his first press release - minimizing any fallout.

If the claims were frivolous, and given that time is of the essence at this late juncture of the season, the attorney should have been expediting the matter so that Cliff could have an opportunity to either improve his draft stock by playing and/or keeping the door open for him to return next season if his performance wasn't indicative of a first round draft choice.

Regardless of the outcome, I hope the Jayhawk faithful keep their arm around Cliff. Once a Jayhawk, always a Jayhawk. FOE. Just unfortunate that a family member has presumably put Cliff in this situation.

Keep your head up, Big Fella.

Gonna be an interesting game.

Given our depleted bench for today, I can't wait to see what strategies HCBS employs to turn the game into a war of attrition that causes the outcome to boil down to whomever executes the best in the final few possessions. And to see which Jayhawk(s) step up to carry our team to a win!

I am hoping that we throw an entire buffet of schemes at them....both offensively and defensively. Would keep OU off balance and give us one last chance to cover in-game situations before the post-season commences.

Rock Chalk Jayhawk, Go KU!

Thanks to all for the perspective and info.

First - I have frequented this site all season and have enjoyed the banter immensely.

Finally broke down and registered so I could participate......go easy on me!

Just wondering why the national media hasn't dog-piled on Barnes when Myles Turner (his team's leading rebounder, leading shot blocker, second leading scorer and an 83% FT shooter) comes off the bench and only gets minutes that are comparable to Ridley at this stage of the season.

And yet, the national media openly questions HCBS's roster management....... You would think and 82.5% win percentage, 10 straight conference titles and a national championship would earn the benefit of the doubt from the national media if they are going to give Barnes a free pass- especially when Turner has a bigger impact on the Longhorn's success than Alexander has had on ours.

Hoping for the best, scared it will be worse.

Thought this SI article offered insight, but also created more questions.

SI Article ↗

http://www.si.com/college-basketball/2015/03/01/cliff-alexander-kansas-attoryney-ncaa-eligibility-issue ↗

Interesting that Self first heard about it at noon Saturday, but Alexanders had time to retain counsel on Saturday too.

Scariest part of the article was the attorney's comment to SI......all McAfee could say is that both sides will work to minimize any damage done to Alexander or the Jayhawks, if that is indeed possible....."

Guess we'll see!