Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Single Extra Space Creates Seriously Misleading UCC Debtor Naming Error

September 13, 2018 UCC, Online UCC System, Due Diligence, Revised Article 9, Reduce Financial Risk, Tips Something

A recent court ruling in Wisconsin once again has affirmed the supreme importance secured parties must place on their data entry procedures when naming debtors on financing statements to perfect their security interests. A recap of the case can be found here. Once again, a typo in the debtor name created a UCC filing that was judged to be seriously misleading, and therefore left the secured party’s security interest with the debtor…READ MORE

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Frustrated By Missing Documents At Your Closings?

September 06, 2018 UCC, Corporate, Due Diligence Something

Familiar with that feeling? Of course we’re all looking for ways to improve efficiency and, on this topic, there are some steps you can take that may help save time and streamline processes so you’re ready when it’s time and you’re not frustrated by missing documents at your closings. Don’t wait until the last minute. This seemingly simple tactic is vital to assuring you have the documents you need when you need them. If you…READ MORE

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Three More Tips For Bulk Sale Escrow Officers In California

June 21, 2018 UCC, Due Diligence, Tips Something

With the Norcal Escrow Conference fast approaching, here's a repost of three MORE handy tips for Bulk Sale Escrow Officers in California. 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…READ MORE

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Secured Creditors and Unsecured Creditors: What’s the Difference?

June 14, 2018 UCC, Online UCC System, Due Diligence, Reduce Financial Risk Something

There are secured creditors and unsecured creditors. But what is the difference between secured creditors and unsecured creditors? Secured Creditors are creditors that hold a lien on its debtor’s property, whether that property is real property or personal property. The lien gives the secured creditor an interest in its debtor’s property that provides for the property to be sold to satisfy the debt in cases of default. The secured…READ MORE

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Free eBook: Ultimate Guide to Lien-Related Post Filing Due Diligence

June 07, 2018 UCC, Due Diligence, Lien Monitoring Something

As a secured party, you need to know immediately if your debtor is experiencing financial distress that could result in bankruptcy or debtor default. In this FREE eBook, we focus on lien-related post filing due diligence and what you can do as a secured party to maintain your perfected security interest. In it, you will find post filing due diligence insights regarding the below topics. Top 5 mistakes to avoid on UCC Financing Statements …READ MORE

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Three Tips For Bulk Sale Escrow Officers In California

May 31, 2018 UCC, Due Diligence, Tips Something

With the Norcal Escrow Conference fast approaching, here's a repost of three handy tips for Bulk Sale Escrow Officers in California. 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 tips for Bulk Sale Escrow Officers in California that we’ve learned and their importance. Tip…READ MORE

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When Is A Title Policy Unnecessary? Uninsured Title Products For Lenders

May 03, 2018 Due Diligence, Title Related Topics Something

Is an insured title product with a corresponding title policy always required for a lender’s purposes? Is it always required to pay that premium? The answer is:  it depends. So when is an uninsured title product OK? When is a title policy unnecessary? Lender title products usually come in three variables, depending on the lender’s risk considerations. An “Update” product, which is just what it sounds like, an update…READ MORE

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Lien Monitoring Only at the State? It’s Risky

April 19, 2018 UCC, Due Diligence, Reduce Financial Risk, Lien Monitoring Something

When evaluating lien monitoring programs, programs that are designed to monitor your Financing Statements for lien filings that can prime your perfected security interest, it is important to recognize that many states do not maintain records of Federal Tax Liens or Judgment Liens Attached to Real Property at the state-level filing office. Nevertheless, these liens have the potential to prime a perfected security interest. That’s why,…READ MORE

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Equipment Finance and PMSI: A Unique Relationship

April 05, 2018 UCC, Online UCC System, Due Diligence Something

Equipment finance or leasing is a lending type that specializes in lending on specific collateral.  Equipment finance companies can vary greatly and tend to specialize on specific industries and often tend to be manufacturers (farm equipment, medical and dental equipment, freight, industrial equipment, etc.). One product that is unique to this industry is purchase money security interest packages, or PMSI.  A PMSI filing will allow…READ MORE

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Can A Terminated UCC Not Really Be Terminated?

March 29, 2018 UCC, Online UCC System, Due Diligence, Reduce Financial Risk Something

Can a terminated UCC not really be terminated? The Uniform Commercial Code says terminated UCC filings are no longer effective. So how can a terminated UCC not really be terminated? There are two scenarios. When the UCC record contains more than one secured party of record. When there is more than one secured party for a single UCC, any of the secured parties can file a termination statement on behalf of all the secured parties.…READ MORE

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