Bulletin: VA2021002

Date:
September 01, 2021
To:
All Virginia Issuing Offices
RE:
UNDERWRITING - Examining - UCC Filings Numerous Circuit Courts

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.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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

Alexandria City Circuit

Amherst Circuit

Bath County

Bristol Circuit

Brunswick Circuit

Buckingham Circuit

Buena Vista City Circuit

Charles City Circuit

Culpeper Circuit

Danville Circuit

Dinwiddie Circuit

Fredericksburg Circuit

Giles Circuit

Gloucester County Circuit

Greene Circuit Court

Greensville Circuit

Hampton City

Henry Circuit

James City/Williamsburg Circuit

King William County Circuit

Lee Circuit

Lunenburg Circuit

Lynchburg Circuit

Mathews County

Middlesex County Circuit

Nelson Circuit

Newport News Circuit

Norfolk Circuit

Northumberland County

Nottoway Circuit

Orange County Circuit

Patrick County Circuit

Petersburg Circuit

Portsmouth Circuit

Powhatan Circuit

Prince Edward Circuit

Prince George County Circuit

Pulaski Circuit

Richmond Circuit

Roanoke City Circuit

Rockbridge County

Salem Circuit

Smyth Circuit

Southampton Circuit

Staunton Circuit

Tazewell Circuit

Warren Circuit

Wythe Circuit

York Circuit

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
20.04 Uniform Commercial Code
Exceptions Manual:
None
Forms:
None