A Uniform Commercial Code (UCC) search is conducted through the Secretary of State for any Financing Statements that may have been filed to perfect a lien on personal property in accordance with the Uniform Commercial Code. The search is conducted on name(s) of the Debtor(s) as well as the location of the property. This search is not a part of the preliminary report or commitment provided by the title insurer, but an outside provider company that specializes in such reports. There is an additional cost for the UCC Search, which cannot be determined until after the search is completed and provided to the settlement agent.
A UCC Search through the Office of the Secretary of State is not conducted unless required under the terms of the purchase agreement or requested by one of the parties. If any name other than the seller or buyer, as it appears on the purchase agreement or preliminary report/title commitment, are to be included in the search, the names to be searched must be provided to the settlement agent. The settlement agent needs to be provided the names to be searched in writing by the requesting party. Either the buyer or seller must pay for the cost of the final report. If the report is produced early in the transaction-processing period, it may need to be updated prior to closing, resulting in additional charges.