Bulletin: VA2021002

Dear Associates:

It has come to our attention that title examiners are having difficulty accessing certain UCC records in Circuit Courts that use the Virginia Supreme Court’s records system (see list below). In running debtors’ names for UCC filings, the initial UCC-1 will appear, but you cannot access UCC modifications, amendments, and releases by running the debtor’s names. At this time, if an examiner finds a UCC-1 filed in one of the affected Clerk’s offices, the examiner must also run the index by the UCC number assigned to the initial filing. Remember that UCCs, while valid for an initial 5-year period, can be extended, modified, or amended numerous times. Because of this, and because we do not know when the issue began, you should run UCC searches for parties for the same lien period as you would for judgments (20 years).

We understand the Virginia Supreme Court has been made aware of the issue and is taking steps to correct it, including having affected clerk’s offices go back to previously filed UCC-3s and inputting the correct debtor information with a notation that the information was added after the initial filing.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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City/County Offices using the Virginia Supreme Court records system: