Scott Levine and Christine O'Connell discuss the critical importance of lenders considering title insurance early in the UCC foreclosure process, as title companies have become increasingly meticulous in underwriting new owner's title insurance policies in connection with commercial real estate foreclosures. 

They explain that title companies may impose extended timelines and additional requirements, such as brokered sales lasting up to 90 days, beyond the UCC's standard "commercially reasonable" notice provisions, making early engagement essential. The authors emphasize that lenders must be diligent throughout the foreclosure process, as overlooked details can become costly obstacles when seeking new owner's or lender's title policies down the road.

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