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Understanding UCC Security Interests in Fixtures

By: Paul Hodnefield, Esq. Secured parties sometimes get confused about the different options for perfecting a UCC Article 9 security interest in fixtures. Any confusion in the process can have significant repercussions, because the secured party’s choice of perfection method

CSC July 15, 2019September 3, 2019 UCC Updates and Perspectives, UCCXpress Read more

UCC Expert’s Corner: Do Not Overlook Assignee When Sending PMSI Notices

By Paul Hodnefield, Esq. The purchase-money security interest (“PMSI”) is a powerful tool that enables lenders to take priority over the holders of prior perfected security interests that cover the same collateral. Those lenders seeking to obtain a PMSI often

CSC April 25, 2019April 25, 2019 UCC Updates and Perspectives, UCCXpress Read more

UCC Expert’s Corner: No Attached Collateral Description Means No Perfection

By Paul Hodnefield, Esq. | Associate General Counsel for CSC® Those who file UCC records often provide the required collateral description on an attached schedule or exhibit rather than the designated field on the financing statement. This well-established and accepted

CSC September 7, 2018 UCC Updates and Perspectives, UCCXpress Read more

UCC Expert’s Corner: Court Finds Debtor’s Signature Not the Name “Indicated” on Driver’s License

Court Finds Debtor’s Signature Not the Name “Indicated” on Driver’s License Paul Hodnefield | Associate General Counsel for CSC® Since the 2010 Amendments to Article 9 took effect in 2013, those who file UCC records have largely relied on the

CSCTW February 13, 2018February 13, 2018 UCC Updates and Perspectives, UCCXpress Read more

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: Court Finds Debtor Ratified Unauthorized UCC Financing Statement

The effectiveness of any filed UCC record depends on whether it was filed by a party that was authorized to do so under UCC § 9-509. In the case of an initial financing statement, the debtor must authorize the secured

CSCTW June 1, 2015May 29, 2015 UCCXpress Read more

UCC Expert’s Corner: Certificate of Title Perfected Lien Despite Truncated Secured Party Name

By Paul Hodnefield, Esq. In general, UCC Article 9 requires security interests in motor vehicles not held as inventory to be perfected under state certificate of title law. Normally, this means the secured party must have its lien noted on

CSCTW January 6, 2015January 6, 2015 UCC Updates and Perspectives, UCCXpress Read more

Virginia – State Corporation Commission system is not available

The Virginia State Corporation Commision computer system will not be available October 21.

CSCTW October 21, 2014 CSCTW email, UCCXpress Read more

July 1 Update to the 2010 Amendments to Article 9 of the Uniform Commercial Code

With July 1 upon us we wanted to update you on the developments with the 2010 Amendments to Revised Article 9.  Alabama:  The 2010 Amendments take effect on July 1st.  The new law provides Alternative A for individual debtor name

CSCTW July 1, 2014 UCCXpress Read more
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