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Introduction

Welcome to the first 2012 Newsletter of the UCC Division of First American Title Insurance Company.  With a challenging 2011 behind us, we are excited for what we hope will be a turning point year for all of us. 
    
This issue of our Newsletter includes our review of 2011 Personal Property Secured Transaction cases. We thank our good friend Professor Stephen Sepinuck,  Co-Director of the Commercial Law Center at Gonzaga University School of Law, for supplying the case summaries.

We are also pleased to include James Prendergast’s latest article What Are Real Property Fixtures (And How Do I Insure Against Senior Liens)? With alternative energy transactions increasing in popularity and a lack of clarity under state law in determining if the electrical generation equipment is personal property or fixtures, Jim’s detailed  analysis is particularly timely. 

David Wanetik, Chief Operations Officer of the UCC Division, also lends his expertise in his Industry News article to explain the priority of financing statements filed before the execution of a security agreement. 

Lastly, the UCC Spotlight shines on Division President Randall Scott who was recently promoted to serve as Managing Director of Sales for the National Commercial Services Division of First American.  While this new position will certainly keep Randy busy, we are pleased that he will remain President of the UCC Division.  We congratulate Randy on his promotion.    

Finally, keep us in mind for all your UCC related requirements, including searches, not only in the UCC central office, but also any other data base searches such as pending suits and judgments, tax liens and the like, and effective risk mitigation for the UCC issues related to your transactions.  We are here to help and, as discussed above, we are confident that you will see our servicers as not only providing insurance but also providing an overall understanding of the UCC as it is related to your transaction.

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