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Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

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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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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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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Choose The Right API For UCC

March 22, 2018 UCC, Online UCC System, Product Update, Due Diligence, Reduce Financial Risk Something

Your growing UCC portfolio is a sign of your success. To support it, perhaps it’s time to consider upgrading your UCC Portfolio Manager by installing an API for UCC, an enhancement that consolidates your UCC management into one single system. Designed specifically to streamline and simplify your UCC processes and scale with your success, API for UCC gives you the power to manage your growing UCC portfolio efficiently while freeing you…READ MORE

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Checklist: Choose The Right Title Search Company

March 15, 2018 Due Diligence, Reduce Financial Risk, Tips, Title Related Topics Something

When you need a title search, there is a checklist of vital questions to consider before choosing a title search company to fulfill your title search need. Title reporting is an intricate and detailed process. To accurately inform your decision making,  experience and expert know-how are required to craft a comprehensive report worthy of your trust. So what should you look for in a Title Search Company? Reliability - Is the Title…READ MORE

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Tips For Lien Searching: Who, What, Where

February 28, 2018 UCC, Online UCC System, Due Diligence, Reduce Financial Risk, Tips Something

Your due diligence calls for lien searches. Who should you target? What lien types should you search for? Where should you search for them? These are all fundamental questions whose answers help you better uncover your prospect’s financial situation and better evaluate their credit worthiness. You know it’s important to search the public record, to uncover existing financial obligations and encumbrances, to learn and know a prospect’s…READ MORE

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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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Is Big Tech, Not Fintech, Causing The Greatest Disruption To Banking?

September 01, 2017 Due Diligence, Reduce Financial Risk Something

This was explored in a published report last month by the World Economic Forum. The World Economic Forum, an independent international organization and Swiss non-profit foundation that “engages the foremost political, business and other leaders of society to shape global, regional and industry agendas,” recently published their report Beyond Fintech: A Pragmatic Assessment Of Disruptive Potential In Financial Services (download report…READ MORE

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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

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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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