Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Can A Secured Party Be Liable For Failure To File Timely Terminations?

August 17, 2017 UCC, Due Diligence Something

According to Section 9-625 of the Uniform Commercial Code, yes. But first, let’s take a step back. In Article 9-513, the section of the Uniform Commercial Code that regards Termination Statements, the below is found under subsection 9-513(b) to address how long a secured party of record has to file a termination statement of a financing statement covering consumer goods if all obligations have been fulfilled by the debtor: 9-513(b)…READ MORE

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Can A UCC Filing Be Terminated By The Debtor?

August 10, 2017 UCC, Due Diligence, Tips Something

In a word, yes, as long as there is no existing obligation to the lender and one follows a specific process. The process for debtors to terminate UCC filings on themselves is provided for in the Uniform Commercial Code and can be found here in Section 9-513 of the Uniform Commercial Code. That process includes the below steps: the Debtor must send an authenticated demand to the secured party the demand must be sent to the name…READ MORE

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State-Level Only Lien Monitoring Programs Only Tell Part of the Story

July 13, 2017 UCC, Due Diligence, Reduce Financial Risk, Lien Monitoring Something

Once a creditor has filed a UCC Financing Statement and perfected their security interest, maintaining that priority position throughout the life of the loan becomes paramount. Many choose to employ lien monitoring programs which run interval searches on debtor names to check for any new filing activity, and then provide timely updates that alert creditors to potential threats that may jeopardize their ability to collect. Monitoring provides…READ MORE

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Tips To Determine Which Party Names To Search When Lien Searching

July 07, 2017 UCC, Due Diligence, Reduce Financial Risk, Tips Something

Searching the correct party and correct legal name is imperative when coordinating due diligence search efforts. It is important to search all names under which liens could be filed. This may seem simple and obvious, but keep in mind that liens, particularly involuntary liens like federal tax liens and judgment liens, could be filed under business names, individual names, aliases, nicknames, or even fictitious business names. So, how…READ MORE

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Why Use Delaware Preclearance Corporate Filing Service?

June 29, 2017 Corporate, Due Diligence Something

The State of Delaware offers Preclearance Review of Corporate Documents to assist filers through the corporate filing process and reduce the number of filings that do not meet required criteria. Various preclearance corporate filing services are offered and their official review procedures are a convenient way to avoid potential processing errors. This service assures that you have accurately drafted your corporate document before formally…READ MORE

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Judgment Lien Attached To Personal Property Can Prime A Perfected Security Interest

June 22, 2017 UCC, Due Diligence, Lien Monitoring Something

Of course you’re aware that a federal tax lien can prime your perfected security interest 45 days after filing, knocking your UCC from first priority position if you do not act to protect your perfected position. It’s Factoring/ABL 101. But what about a judgment lien attached to personal property? What impact can it have on your perfected security interest? Turns out it can prime your first position UCC just like a federal tax…READ MORE

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Real Property Title Searches Defined

June 15, 2017 Due Diligence, Title Related Topics Something

What is an Owner and Encumbrance Search? What is the difference between an Owner and Encumbrance Search and a Full Title Search? How about a Real Property Asset Search or an Easement/Boundary Dispute Search, what are they? If you’ve ever wondered about any of these questions, read on for Real Property Title Searches Defined. Owner and Encumbrance Search – Title reports which support and limit reported research to current ownership…READ MORE

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Application Programming Interfaces for UCC – Are All API for UCC Alike?

June 02, 2017 UCC, Online UCC System, Due Diligence Something

In a word, no. The emergence of API for UCC with its increased efficiency and enhanced compliance capability has already occurred and the implementation is spreading. UCC data and portfolio management providers have moved quickly to develop API for UCC and it is now another technology driven differentiator added to their UCC due diligence packages. Much like how UCC portfolio managers and search engines vary in effectiveness and…READ MORE

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Three More Tips For Bulk Sale Escrow Officers In California – Revisited

May 12, 2017 Due Diligence, Tips Something

Below is a repost of a popular post from last year for our California Bulk Sale Escrow Officers. We’ve been supporting Escrow Officers handling bulk sales for a quarter century, and over that period we’ve learned more than just a few things from our friends in the industry, and in this blog post we share three more tips for Bulk Sale Escrow Officers in California that we’ve learned and their importance. Tip#1: ‘Reading’ Your…READ MORE

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Federal Tax Liens Out Of Credit Reports And Related FICO Scores

May 04, 2017 Due Diligence, Title Related Topics Something

Equifax, Experian and TransUnion , the three major national credit reporting agencies, will implement new standards for their data collection pertaining to public record data, notably regarding federal tax liens and civil judgments. This implementation is set for July 1, 2017. In general, the agencies will no longer collect and utilize public record data unless specific minimum information is present, including social security numbers…READ MORE

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