UCC Article 9 Update

The rules regarding Article 9 UCC filings have changed, effective July 1, 2013. As a result of these changes, when dealing with an individual debtor:
1. Search and file under the EXACT name as it appears on the individual’s DRIVER’S LICENSE even if the name is obviously misspelled. Be sure that the license is valid and unexpired.
2. As a best practice, you should also search and file under the individual’s common law name (i.e., the name they are commonly known by). You should also search and file under the common law name if the debtor has no driver’s license.
3. In the transaction documents, obtain a warranty regarding the debtor’s primary residence, the debtor’s name(s) and aliases, and include a covenant to notify the secured party in the event of any changes.
4. If there is a concern regarding the debtor’s primary residence, file in multiple jurisdictions.