Pt 4: UCC Filings – the Importance of Performing a Search to Reflect
Posted by Gennine Cooper
June 17, 2020
For the fourth installment our series on The Perplexing World of Uniform Commercial Code Demystified, we’d like to talk about the Importance of Performing a Search to Reflect after filing a UCC1 Financing Statement or UCC3 Amendment.
Despite best efforts in preparing a UCC1 or UCC3 to perfection, the filing jurisdiction could very easily make a typo causing the filing to be mis-indexed when recording it into their database. Why is this a problem for a Secured Party? Just a small typo can make all the difference when searching for outstanding liens against the Debtor Name. As a potential new Lender (Secured Party), an existing lien may not be reported. As the existing Secured Party, your “first in line” position may not be reported even though your Financing Statement was on record before anyone else’s. How about an Amendment or Assignment? Was it filed against the proper UCC1? Were all the Secured Parties recorded? Was the Assignment done as a Partial or Full? Are you concerned yet?
So how do you ensure a typo was not made causing a filing to be indexed incorrectly? Each time a UCC1 or a UCC3 is filed, request a Search to Reflect when the Thru Date Reached. If an indexing error occurred, it can be found right away and corrected, rather than down the road when it’s potentially too late.
Incserv can assist with UCC filings, Searches and Searches to Reflect a specific filing nationwide. Requests can be sent to Orders@incserv.com. Please give us a call if you have any questions or would like additional information. We look forward to hearing from you and stay-tuned for our next segment on Due Diligence Searches!