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UCC Updates and Perspectives

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Text Added to Debtor Name Text Rendered Financing Statement Seriously Misleading

Text Added to Debtor Name Text Rendered Financing Statement Seriously Misleading By Paul Hodnefield, Esq. Filers sometimes use the debtor name field on a UCC financing statement to communicate information about the debtor, such as debtor’s capacity or other facts

CSCTW January 16, 2018 UCC Updates and Perspectives, UCCXpress Read more

Unauthorized UCC3 Termination Statement did not Support Tortuous Interference Claim

Unauthorized UCC3 Termination Statement did not Support Tortuous Interference Claim By Paul Hodnefield, Esq. Nothing gives a secured lender heartburn faster than learning that someone has allegedly terminated its financing statement without permission. The lender will often assume that the

CSCTW January 15, 2018January 15, 2018 UCC Updates and Perspectives, UCCXpress Read more

UCC Expert’s Corner: Extra Space in Debtor Name Makes Financing Statement Seriously Misleading

Extra Space in Debtor Name Makes Financing Statement Seriously Misleading By Paul Hodnefield, Esq. There is little margin for error when it comes to accuracy of the debtor name when filing a UCC financing statement. Even a seemingly minor error

CSCTW September 12, 2017October 30, 2017 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Applies Former Article 9 Standard to Sufficiency of Judgment Lien Debtor Name

Court Applies Former Article 9 Standard to Sufficiency of Judgment Lien Debtor Name By Paul Hodnefield, Esq. Since 2001, those who file UCC records have been well aware that even seemingly minor errors in a debtor name can render a

CSC July 10, 2017July 10, 2017 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Right Name/Wrong Field Renders Financing Statement Seriously Misleading

By Paul Hodnefield, Esq. Those who file UCC records have long been aware of the importance of filing under the correct debtor name. However, identifying the correct debtor name is only half the battle. The filer must also provide the

CSC March 27, 2017March 27, 2017 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Holds That Middle Name Matters on Driver’s License

UCC Expert’s Corner: Court Holds That Middle Name Matters on Driver’s License

The 2010 Amendments to UCC Article 9, which took effect in most states on July 1, 2013, provided new rules for the sufficiency of an individual debtor name. Most states enacted a legislative option which required a financing statement to

CSC February 21, 2017 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Buyer Beware – Unauthorized Transfer Provides Secured Party With Multiple Causes of Action

By Paul Hodnefield, Esq. Debtors have been known to sell or otherwise transfer assets subject to a security interest without the knowledge of the secured party. When this occurs, the transferee often takes subject to the security interest, which can

CSCTW September 29, 2016September 29, 2016 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Determining the Priority of Unperfected Security Interests with Simultaneous Attachment

On rare occasions, a security interest perfection or priority question may arise for which UCC Article 9 provides no answer. When that occurs, the courts must resolve the issue based on other factors. That situation occurred in a recent case,

CSCTW July 6, 2016October 5, 2017 Publications, UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Finds UCC Security Interest Superior to Set-Off Rights of Farm Products Buyer

Sorting out UCC security interests, agricultural liens, and Effective Financing Statements (“EFS”) filed under the Food Security Act (“FSA”) can be a challenge for both lenders and buyers of farm products. These three distinct but overlapping concepts all were issues

CSCTW June 1, 2016June 1, 2016 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Denies Equitable Remedies Due to Secured Party’s Lack of Due Diligence

Thorough due diligence can help the secured party avoid later perfection and priority problems with a secured loan. In fact, the failure to conduct adequate due diligence may leave the secured party without access to equitable remedies, even if the

CSCTW May 2, 2016 UCC Updates and Perspectives Read more
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