Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Single Extra Space Creates Seriously Misleading UCC Debtor Naming Error

UCC, Online UCC System, Due Diligence, Revised Article 9, Reduce Financial Risk, Tips

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


Tips To Determine Which Party Names To Search When Lien Searching

UCC, Due Diligence, Reduce Financial Risk, Tips

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,… >> READ MORE


Wondering What Parties to Search as Part of Your Prefunding Due Diligence?

Corporate, Due Diligence, Revised Article 9, Tips

Searching for the right party is imperative when coordinating due diligence search efforts. This may seem simple, but keep in mind that liens could be filed under business names, individual names, aliases or nicknames, even fictitious business names. So, how can you be sure you are searching for the right name? Here are a few pointers to get you on the right track: 1. Check corporate charters to determine the exact legal name before… >> READ MORE


UCC Searching in Delaware

UCC, Due Diligence, Tips

With so many businesses organizing in Delaware, it has become a high volume UCC search state. It is crucial to have a good working knowledge of a state’s search logic prior to ordering or performing UCC searches in that jurisdiction. Here are some important notes on UCC searching in Delaware: Exact Name Search Logic Search logic varies from state to state. Some states have online access to their UCCs offering broad-based search… >> READ MORE


Real Property Title Searches Defined

Due Diligence, Title Related Topics

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


Visit FCS at the 2022 IFA Factoring Conference Booth #16

Events & Tradeshows

First Corporate Solutions is proud to exhibit our UCC searching, filing, monitoring and API solutions at the 28th Annual Factoring Conference May 4-6 in Boston, MA. Are you going to Boston for the IFA conference too? Here are three reasons to swing by FCS's exhibitor booth (#16) to say "Hi". Random booth giveaway: We'll be giving away 2 - $50 Amazon Gift Cards for IFA Conference attendees that drop off a business card New… >> READ MORE


UCC Secured Party Representative Service – Explained

UCC, Online UCC System, Revised Article 9

UCC Secured Party Representative Service provides protection for secured lenders by using a representative’s name (instead of their own) in the Secured Party box on UCC Financing Statements. Under Revised Article 9, UCC Section 9-502(a)(2), a financing statement must provide the name of the secured party or representative of the secured party. The Secured Party Representative Service key aspect is that the code allows “a representative”… >> READ MORE


Keeping Copy Costs Down for Your UCC & Lien Searches

UCC, Due Diligence

A couple of weeks ago, we featured a post on the blog titled, "Costs for Performing UCC, Lien and Litigation Searches" in which we discussed the types of fees you may encounter when hiring a service company to perform public records research, including: service fees, correspondent/agent fees, statutory/jurisdictional fees and copy costs. In this week’s blog post, we are going to share some additional information on copy costs and offer… >> READ MORE


Civil Judgments vs. Judgment Liens: What’s the Difference?

UCC, Litigation Research

If you’re like me when I was first introduced to this industry, you might be a little confused about the difference between judgments and judgment liens. They are two separate animals, and it’s important to know the difference if you’re trying to determine which to search for when doing your due diligence. The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment… >> READ MORE


To Find Legal Name of a Business Debtor, Refer to Organizing Paperwork

UCC, Corporate

According to the Uniform Commercial Code, a UCC Financing Statement is only effective if it gets the debtor name right. A UCC Financing Statement that fails to properly identify the debtor by their legal name will not offer the secured party priority status to collect should the debtor default or file for bankruptcy. The Code goes on to say that for registered business debtors, the name that should appear on a UCC Financing Statement… >> READ MORE