SEARCHING FOR UCC’S, FIXTURES, TAX LIENS, CIVIL SUITS ...



INVESTIGATIVE SERVICES SEARCH GUIDELINES

Revised 02/29/2016

General Searching Instructions

1 Errors

If you make a mistake and need it corrected, call the IS Department at 877-588-5113 ext. 400 immediately. Examples are, if you close out a name on the web page as clear and it is not or vice verse, or if you scan copies or results into the wrong order.

If it is after hours, please leave a message; send a ticket on the order to Customer Service; and send an email to Team4@ASK-. This may seem excessive but it is better than having the client get the incorrect results.

Submit all hits first so you are less apt to accidentally mark a search as clear.

2 Noise Words

When a business name is received for any type of search, it is standard practice to search the name minus any letter endings or any noise words. Noise words are the following:

• Agency Association Assn Associates Assc Assoc

• Attorneys at Law Bank National Bank Business Trust

• Charter Chartered Company Co Corporation Corp

• General Partnership Gen Part GP Incorporated Inc

• Limited Ltd Ltee Limited Liability Company LC LLC

• Limited Liability Partnership LLP Limited Partnership LP

• Medical Doctors Professional Association MDPA

• Medical Doctors Professional Corporation MDPC

• National Association NA Partners Partnership

• Professional Association Prof Assn PC

• Professional Limited Liability Company Professional Limited Liability Co

• PLLC Real Estate Investment Trust REIT

• Registered Limited Liability Partnership RLLP Savings Association

• SA Service Corporation SC Sole Proprietorship SP SPA

• Trust Trustee As Trustee

1 Rule of Reason

Also, please apply a rule of reason when searching. Include all reasonable variations. For example, if the search request is for Miller Street LLC, a finding for Miller St LLC should be reported. If a search is for 185 Miller Road LLC, and you find One Eighty Five Miller Street please report it. If we request A.B.C. Company, please search all variations, example: A.B.C.; ABC; A B C, etc. Example of when not to report would be if the client asks for Apple & Orange Company and you find Apple & Orange Trucking Company. If ever in doubt you can call x400 or note the name as possible record on your write-up and we will notify you if it is needed.

2

1 AKA’s/Nicknames

First name AKA’s (nicknames) should be reported when doing a search. We should search the full last name and the first three letters of the first name. Examples:

• Richard Hanson, we would report Rich Hanson, but not Dick Hanson.

• Katherine Kennemore, we would report Kathy Kennemore, but not Cathy Kennemore.

• Robert Blevins, we would report Rob or Robb Blevins, but not Bob Blevins.

Last name AKA’s are considered an additional search and should be sent over as a separate order.

1 Middle names

When you receive an order, if you are given a name with a middle name or initial, report any cases found with a matching middle name or initial AND any names without a middle name/initial. (EX: you receive John Samuel Simpson – report any cases found for John Simpson, John S Simpson or John Samuel Simpson) If no middle name or initial is provided, you should report all cases with and without middle names/initials (Ex: you receive John Simpson – report any cases found with John Simpson, John A-Z Simpson, John Adam-Zebra Simpson).

2 Hyphenated names

Hyphenated names should be searched as appropriate for your court but in general, with the hyphen, without, first and last. Ex. Janice Lawrence-Nichols would be searched as Lawrence-Nichols, Jan; Lawrence Nichols, Jan; LawrenceNichols, Jan; and Lawrence, Jan, (but not Nichols, Jan). Please note, even if a hyphen is not present, if there are two last names, you should search the name as listed above. If you have any questions about the format of the name, please contact Customer Service.

3 Copies

If the client is requesting copies, you are authorized to make copies up to $100 without prior authorization, unless the order indicates a specific copy cost or page count.

Include Exhibits, unless order specifically states otherwise.

If it will be over $100 in copies, you should estimate the page count and cost and call the IS department to obtain approval before making the copies and before leaving the court. If the requested document is only a few pages long and there are an excessive amount of exhibits, please call so we can confirm the client still wants the exhibits.

If you are making copies of numerous documents or cases, make sure you separate the documents/cases by some means i.e. paper clips when mailing, or blank sheet of paper when scanning.

If all of the documents requested are not available by your due date, please obtain a copy of the docket or provide a write-up and upload it to the order while waiting for the rest of the documents to become available. Change the status to Copies to Follow and change the due date.

4

5

6 Search Period

You are required to perform all searches for the proper statutory period. This period differs depending on the state and the type of lien.

Please remember to provide the counties effective/through date on all of your civil and lien searches. Please include the date for each location searched, i.e.: court, recorders office, etc.

When conducting a criminal or civil search, orders will usually indicate what type of search is requested, how far back to search, and any special instructions. When doing a 7, 10, or extended year search, report any cases disposed of back to January 1st of the requested time frame. For example, if a client requested a 10-year search on 5/1/10, report any cases found with a disposition date of January 1st, 2000 to present.

Open/pending cases – when a case is open and no disposition is given, it should be reported no matter how old. This may require viewing cases that appear to be outside of the search scope. If the case is open, please determine if there is a future court date, or an active warrant. If so, please provide the date. If there is a court date indicate what it is for (Ex: Settlement Conference scheduled for 3/4/2011).

7 Archived Cases

Federal - (US District or US Bankruptcy), provide the archived information (accession number, box and location). This can be obtained from the clerk. DO NOT get the case unarchived unless specifically requested by an IS Department member.

County level - if there is a fee or will take more than a day, notify CS before proceeding so we can notify the client.

Federal, State & County Tax Liens/Warrants

When searching for federal, state, & county tax liens/warrants you should include ALL types of liens, including, but not limited to ERISA; EPA; sales tax; unemployment; hospital; and cigarette tax liens.

1

2 Miscellaneous Liens

Miscellaneous Liens = Claim of Liens, Mechanic Liens, Construction Liens or Lis Pendens. These are not the same as judgment liens. Only include these liens if they are requested in Search Options or if you receive a separate Miscellaneous Liens order.

UCC’S/Fixture Searches

UCC/Fixture Filings expire after 5 years unless continued. Example: If an Original Financing Statement is filed on 1/1/00, to keep it from lapsing a Continuation would have to be filed on or before 1/1/05, 1/1/10, 1/1/15, etc.

o Exception – If Box 18 on the UCC-1 form is checked, or if the UCC is filed in connection with a mortgage, the UCC-1 will not expire for at least 30 years, or until a termination is filed. If a 30-year UCC/Fixture search is needed we will indicate on our order; otherwise, a standard search is sufficient.

Search by Debtor name (not Secured Party).

You will be expected to report the original active UCC/Fixture Filing – Financing Statement, and all related documents, including but not limited to, (UCC-3) amendments, assignments, continuations, partial releases and releases/terminations (if applicable). Reporting of lapsed financing statement(s) may also be required and, if so, will be noted in our Search Options.

Please provide a listing for each search. Copies should be in the same order as the listing. The listing should provide pertinent information and indicate the type of document (UCC-1, Amendment, etc., not just FF or UCC). Note: Secured Party field needs to be completed only if we are asking for a listing and no copies.

If a clerk does your search, please review the results before sending them to us. If you notice a break in the chain (missing continuation, etc) inquire with the clerk to determine if they accidentally left out the document, or if it was never filed.

Indiana – If you submit a UCC-11 form to the clerk, please provide us with a copy.

Tips/Reminders:

• UCC's are usually personal property/movable property (ex: cows).

• Fixture filings are usually "fixed" property (ex: crops, barn).

• “Termination” and “Lapsed” do not mean the same thing. A UCC/Fixture can be continued (reactivated) after it is terminated, as long as the filing has not lapsed.

3

4 UCC/Fixture Filing Recordings (County level and SOS)

You are required to deliver the document to the recording office within 48 hours of receipt. You will need to advance all fees at the time of recording and notify us of the filing amount.

Obtain an acknowledgment copy showing that the document has been received or recorded. Please wait for this acknowledgment. If the acknowledgment cannot be returned to you by the recording officer, please obtain a receipt, or some form of evidence, to show that the recording was submitted and received. Put result to “Submitted to County ROD” and change the due date to reflect when the recording officer expects to have it back to us.

If you use our web page to complete orders, please scan in a copy of the recorded document and put the results to PQ, not Completed.

If the document is rejected for recording, you will be required to provide an official written rejection letter from the recording office.

1

2 Civil Litigation Searches

Commonly misunderstood Search Options:

• Pending Cases = open/pending cases without a disposition.

• Unsatisfied Judgments = cases where a judgment has been rendered, but not satisfied.

• Judgments–All = Cases where a judgment has been rendered, satisfied or unsatisfied.

• If there are no search options listed, always provide cases for plaintiff and defendant, including dismissed.

Judgment liens are the result of an order of judgment from a civil case. The lien can be recorded in addition to the order of judgment. IN & NC only have judgments, no judgment liens. MI & OH have judgments & judgment liens. In MI, judgment liens are filed at the Register of Deeds office and judgments are at the court. In OH, judgment liens and judgments are both indexed at the court; however, they receive different codes. Judgment liens are not necessarily against a piece of property.

What to report on civil searches:

1) Court you searched (number or name);

2) If there are multiple parties on a case you don’t need to list the names of the other parties; however, please indicate if the subject is plaintiff or defendant and what number plaintiff/defendant they are. (Ex: John Smith pltf. #3 of 5);

3) Case/cause number;

4) Case type – In Michigan and Indiana the case type is coded in the case/cause number (Ex: 07-54612 CK, CK=Contracts). If you are unsure of the case type, just provide the 2 letters and we will complete the case type for you;

5) File date;

6) Disposition date; and

7) Disposition - The judgment or final decision in the case. If there is more than one defendant, make sure the judgment you give is for our subject and not another defendant. Examples of outcomes for the case are case dismissed, granted, or a monetary judgment usually in favor of the plaintiff.

If you are doing a civil search and find a civil infraction (ex: speeding, improper use of lights, etc.) do not report these cases because they are traffic infractions, not civil litigation cases.

If we ask for unsatisfied judgment cases and your court does not always record this information, you will need to report all judgments found during the time period.

1

If multiple civil cases are found

Since there are usually no identifiers listed on a civil case, if there are more than five cases found, either send a ticket requesting middle name/initial (if this will narrow down the number of cases), or provide a case listing (screen shot). We will have the client select the cases they want from the case listing.

Criminal Searches

What to report in Criminal Cases:

1) Write the name and date of birth exactly as it is on the court record. Please be sure to note if there are any discrepancies;

• DOB Matches – 2 fields of the DOB must match when reporting a record. If we provide you with the DOB of 12/15/82 and you find a record with a name match and DOB of (1/15/82 or 12/5/82 or 12/15/83) you should report it and note the discrepancy. If numbers are transposed (2/3/82 instead of 3/2/82), report the record also.

• If there is no DOB on the record or the DOB or name is discrepant, always include the address/DL #/ or some other identifier.

• When a ROA/Docket/Case Summary is requested for a criminal search and there is no date of birth (DOB) on it, please look in the file to find something with the DOB or some other identifier. If you are unable to get a copy of the identifier page, i.e. the court does not allow copies of IDs; case is destroyed, etc, please get a letter from the court stating such.

2) Court that was searched (number or name);

3) Case or Cause number;

4) Charge or charges (if more than one charge, you can number them but don’t forget to also number the charge levels and dispositions);

• Report the original charge or charges even if they are amended or reduced.

• INDIANA – do NOT report charges that were never filed. Also, do not report MC cases unless specifically requested by the client. Usually formal charges have not been filed in an MC case.

5) The charge level (felony, misdemeanor, infraction);

• DO NOT ASSUME THAT IT IS A MISDEMEANOR IF IT IS AT DISTRICT (LOWER) COURT OR A FELONY IF IT IS AT CIRCUIT (UPPER) COURT.

• Do not assume you know the charge level by looking at the case/cause number. Sometimes there is more than one charge on a case, each with a different charge level.

• A charge can also be reduced or amended. This may or may not reduce the charge level. (ex Murder in the 1st Degree reduced to Murder in the 2nd Degree are both felonies while Reckless Driving amended to Careless driving is a misdemeanor reduced to an infraction)

• Find out the charge level from the docket or file. If you are unable to find it there, ask the clerk as a last resort (the clerk can be wrong). If you have the Indiana or Michigan (MCL/PACC) charge code, you may provide that in addition to the description and we can attempt to look it up in the office. Common charges in MI start with 750, 257. or 333. and can be up to 10 numbers and letters after the period.

6) Provide the offense date or the file date, we don’t need both;

7) Disposition Date;

8) Disposition – how the case was resolved (ex: found guilty, dismissed, pre-trial

diversion, deferral). If they pled guilty, confirm that is the disposition. At times,

they plead guilty and there is a plea agreement that dismisses the case;

• “Disposed” is not a valid disposition.

• Pretrial Diversion or Deferral - If the case is deferred, or there is a pretrial diversion, that should be listed as the Disposition. The date of the deferral or diversion should be the Disposition Date. Deferred or Diversion Agreements delay the conviction process to allow the defendant to meet any terms ordered by the court (fines/costs; probation). You should provide these terms in the Sentencing area. If these terms are successfully met, the case is usually dismissed. The Dismissal should also be reported, along with the dismissal date. If the defendant failed to meet the terms, or if the case was not dismissed, this should be noted too.

• Always report dismissed cases that fall during the time period to be searched unless requested otherwise.

• DO NOT use a probation violation date as the disposition date.

9) Sentence - Pertinent sentencing information is jail time (including credit days

and suspended time), fines/costs/fees (can be added together), restitution,

licensing sanctions, probation time, community service/work crew hours, and any

probation violations that result in additional sentencing.

• We do not need information on vehicle immobilization, counseling, or attorney fees.

• If the defendant is sentenced to fines/costs or jail time you should include this information in the sentencing; however, you don’t need to indicate which the defendant chose.

• If the case has been dismissed; however, they are ordered to pay costs/fees, report this under sentencing.

• If there is an automatic fine/cost assessed to a ticket/type of charge but there has been no disposition in the case, do not report the fines/costs.

• If you are getting the criminal record on the day of sentencing, you must get the sentencing information before sending the report in to us. The client will always request it and we will be sent back to court to get it. If this delays the order past the due date, let CS know.

Report OPEN warrants only. Please provide the date issued and the reason.

Juvenile cases ARE NOT reportable unless the order requests us to go back to the 16th Birthday. If the case is listed on the public access terminal but you cannot view the case details or information is scant, you do not report the case. Only report pending or conviction juvenile cases – no dismissed cases. Should you have a question when conducting a search, contact customer service.

Do NOT report non-public cases. If an expunged or non-public case is displayed on the public access terminal, please let the clerk know so it can be corrected.

If an order mentions a specific case number, be sure to return the case even if outside the time period, but notify the office so we can charge the client appropriately. If the case is non-public, let the office know. If the case number provided is not at your court, please make a notation when returning your results.

If an order is titled 7 or 10-year search, but Extra notes or Search Options ask for all convictions regardless of time frame, or all cases regardless of time frame, Extra notes and Search Options supersede everything else.

If an order requests a search for an extended time frame (ex: 25 year search), and the county’s records are not computerized that far back, please note how many years you were able to search. Please also let us know if the records are available further back in books, or on microfiche, and approximately how long it would take to search the remaining years. Do not close the order, change result to Processing Issue. Client Services will need to follow-up with the client to determine how they want us to proceed.

Traffic Infractions

You may see these come over combined with a criminal search or as a stand alone request.

There are no traffic infractions in Ohio. Cases that would normally be classified as traffic infractions in other states (i.e.: speeding, running a red light, seat belt violation, etc.) are considered a minor misdemeanors in OH (MM).

-----------------------

1

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download