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 15, 2017 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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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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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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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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Three Tips For Bulk Sale Escrow Officers In California–Revisited

April 27, 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 tips for Bulk Sale Escrow Officers in California that we’ve learned and their importance. Tip #1: Search an individual…READ MORE

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Tips To Maintain Your Perfected Security Interest

February 24, 2017 Reduce Financial Risk, Tips, Lien Monitoring Something

Considering all the effort and resources you put into qualifying your debtors and perfecting your security interests, it's good to know there are some excellent tools you can utilize to help maintain that priority and make your efforts pay off. Why go to all the trouble to investigate a potential new debtor’s credit worthiness, and decide to perfect your security interest by filing a Financing Statement in the correct jurisdiction, if…READ MORE

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Managing Secretary Of State–Annual Report Compliance For “Good Standing” Status

January 26, 2017 Corporate, Tips Something

Do you know if your entity, or portfolio, has filed the latest Secretary of State Annual Reports?  How do you know if you have missed a filing? Or if the state cashed your check but did not actually record the filing? Once your entity has filed with one or more Secretary of State offices, you have created a growing obligation to keep basic pieces of public data current though annual/biennial filings.  These Annual Reports seem simple…READ MORE

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Top Ten Things To Look For In A Title Search Company

January 05, 2017 Tips, Title Related Topics Something

Creating a title report is a complex and detailed process. It requires experience and industry expertise to craft a comprehensive report that you can trust to assist you in making decisions. Here's a look at the top ten things to consider when you choose a title search company to help you. Reliability Does your search company keep their word? Do you get your reports when promised? Do they have errors & omissions insurance? …READ MORE

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Tips For UCC Due Diligence Planning 2017

December 29, 2016 UCC, Tips Something

With the New Year upon us, end of year deadlines and commitments drive activity. So much still to do! One of the to dos we all have is to make our plans for the next year. We review systems and solutions, processes and procedures, with an eye on fixing any breakdowns that have been experienced and on determining if any changes need to be made. When it comes to evaluating your UCC management, you need a UCC service partner that supports…READ MORE

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Tips For Your Fast-Paced Year End Corporate Transaction (Parts I and II)

December 23, 2016 Corporate, Tips Something

After receiving such a positive response to this pair of blog posts back in October, and with year end literally now here, we present them again conveniently in one post, just in case you missed it. Happy Holidays! Year end is here.  Lightning speed transactions require entity Formations and Registrations in several states.  Below, we have listed some reminders to help you through the year-end rush. Delaware Direct Access. Delaware…READ MORE

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