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:
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
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
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
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
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
FCS Guest Speakers At Bulk Sale Escrow Seminar April 1
March 31, 2017
UCC, Corporate, Event Something
FCS CEO David Silverburg along with Escrow Compliance Manager Pamela Putnam will present “The Incredible Bulk Sale Superpower—UCCs” at National University in Costa Mesa this Saturday, April 1. The event is co-hosted by the California Escrow Association and The Escrow Training Institute.
Seminar moderator Debbi Faber of Chicago Title, a long-time partner and friend to Bulk Sale education in California,…READ MORE
Secured Party Searches and Secured Party Representatives—Cause And Effect
March 16, 2017
UCC, Reduce Financial Risk Something
In our last two blog posts, we discussed what a secured party search is and how it is utilized to expose a secured party’s customer list, and also what a secured party can do to protect that customer list.
Lenders rely on security interests to manage their risk and perfect their security interests by filing UCCs, but this process puts their client list in the public record; every debtor on a UCC is that secured party’s customer! With…READ MORE
Need A Marketing List For Your Lending Solutions? Try Secured Party Searches
March 10, 2017
Looking to market your financing solutions to a needy target base? Want to know what businesses are already utilizing the funding solutions you provide?
Even though UCC search and file service providers go to great lengths to keep their customers’ data secure by utilizing technology and in-house procedures to safeguard data and protect it from outside sources, the nature of the Uniform Commercial Code nevertheless…READ MORE
Listen Up UCC Filers-Protect Your Customer List From Competitors
March 03, 2017
UCC, Reduce Financial Risk Something
Does it seem sometimes seem like your competitors have a copy of your customer list? Well, they just might.
“No way!” you say. “How did that happen?”
It’s easier than you might think. Every time a secured party perfects a security interest by filing a financing statement, one result of that filing is to reveal the secured party’s debtor, its customer, in the public record.
And, just like one can search a Secretary of…READ MORE