Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Solar Installations and Security Interest Perfection: What To Do?

UCC, Online UCC System, Due Diligence Something

In a recent blog post we discussed the solar power boom that is occurring across the United States and abroad, and domestically how Congress’ extension of the solar tax credit will help to continue fueling the boom. Financing solar installations is an evolving process, with solar financiers typically offering three solutions: leases, power purchase agreements (PPAs), and loans. Many solar financiers today offer at least the following… >> READ MORE


Solar Financing And Tools To Perfect Security Interests

UCC, Due Diligence Something

In a recent blog post we discussed the solar power boom that is occurring across the United States and abroad and domestically how Congress’ extension of the solar tax credit will help to continue fueling the boom by helping each solar wholesale distributor and investor. In last week’s blog post, we discussed the options solar financiers have for perfecting their security interests. In today’s post, here’s how First Corporate… >> READ MORE


Fixture Filing Perfection Of Your Solar Installation Security Interests

UCC, Online UCC System, Due Diligence Something

Over the last few weeks, we’ve blogged about the solar installation boom and the options available to solar financiers to perfect a security interest on their solar panel installations. The filing of fixtures is one such option and utilized actively when perfecting residential solar panel installs. For fixture filings, a legal description of the property is needed on the financing statement to disclose where the fixture is to be. Fixture… >> READ MORE


API For UCC — Enhance Compliance And Streamline Workflows

UCC, Due Diligence, Reduce Financial Risk Something

Are you a secured party? Want to improve and streamline your UCC perfection process? Now you can. Enhance your compliance practices by eliminating the need to re-enter UCC information, and streamline your workflow by minimizing keystrokes, all at the same time. How? With Direct B2B Interfaces for UCC transactions…API for UCC. This technology allows you to connect your business line software directly to reliable, fast, and accurate… >> READ MORE


Uninsured Title Products For Lenders—When Title Insurance Is NOT Needed

Due Diligence, Title Related Topics Something

As a lender, do you always need an insured title product with a corresponding title policy? Do you always need to pay for that premium? The answer is:  it depends. But in which situations might a title policy be 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 to a previously issued policy… >> READ MORE


Federal Tax Liens Out Of Credit Reports And Related FICO Scores

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


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

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


Why Use Delaware Preclearance Corporate Filing Service?

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


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

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


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

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