The Lender’s Policy insures the attachment, perfection, and priority of the secured party’s security interest in personal property collateral. The policy

  • Transfers risk from lender and lender’s counsel to First American
  • Decreases reliance on or cost of legal opinion letters and provides an alternative to no-opinion self insurance of the representations of the borrower
  • Fills in previously uncovered risks (forgery, fraud, lack of capacity, gap, mis-indexing, incorrect filing rejection)
  • Allows UCC preparation and filing outsourcing and cost savings
  • Reduces potential for conflict between lender and lender’s counsel, especially in bankruptcy proceeding

The Lender’s Policy also provides full ownership insurance for pledged or acquired equity, effective risk management for factual or legal uncertainty, and significant utility and cost savings in multi-jurisdictional practice. Order here



The Buyer ’s Policy insures that the acquired assets are free of lien, including not only the liens of the seller, but also liens of any intermediate seller of the acquired assets to the seller. The Buyer’s Policy can be used in a sale of assets, a merger, or any similar transaction. Although originally intended to assist in Article 6 Bulk Sale compliance—transactions typically not involving lawyers—the policy has been extensively used, through its Equity Ownership Endorsement akin to the UCC Mezzanine Endorsement, in transfer of equity transactions involving entities holding significant real property assets to avoid transfer tax in certain jurisdictions. Order here
This policy insures the “existence” of the “points” sold in non-deeded timeshare systems. The policy can run not only to the benefit of the purchaser of the points, but also to the benefit of the lender to the developer. The priority of the security interest of the lender to the developer, including take-back financing on the sale of points, and the existence of the points for sale, can be obtained by combining an EAGLE 9® Lender’s Insurance Policy with the Vacation Interest Policy.


Through an endorsement to either its Lender’s or Buyer’s Policy, First American provides true ownership/title insurance coverage for equity interests in entities, such as corporations, limited liability companies and partnerships, and used for collateral, such as in real estate mezzanine lending transactions. This coverage can be provided whether the equity interests constitute General Intangibles or Investment Property under UCC Article 9. Click here for a partial list of other endorsements offered by the UCC Division.

First American, through its subsidiary First Canadian Title, now offers a full range of indemnity insurance products insuring liens in personal property under the Personal Property Security Act in the Common Law provinces of Canada and under the Civil Law of Quebec. Contact First Canadian Title for orderin
g information.


Based upon New York’s unique provisions to its Uniform Commercial Code, insures the ownership of the debtor’s Cooperative Interest in a Cooperative Organization. Contact our First American Office of New York for more information and ordering.


Designed to precede First American's Vessel Title Policy, the Vessel-Under-Construction Insurance Policy insures the secured creditor status of the financing buyer and provides "seamless" coverage during construction of a vessel, through sea trails, to documenting the vessel with the Coast Guard. Contact Victor I. Koock at (504) 588-9252 for further details.


For more information about our products, call the UCC Division of First American at
1-800-700-1191

 
         
 

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