Authorizing and Filing UCC Terminations Prepare and complete a UCC-3 amendment form to include: The filing number of the initial financing statement to which amendment relates. Review and review again for any mistakes or incorrect information. Submit the filing to Secretary of State's office in the appropriate state.
A. The UCC-1 form is used to establish a creditor's claim on personal property as collateral. By filing this form, creditors notify the public and other potential creditors of their interest in specific assets. It creates a public record that determines the priority of competing claims.
Correct filing location: File the fixture filing in the real property records of the county where the real estate is located and, if the collateral includes both personal property and fixtures, also in the central UCC filing office where the debtor is “located” (as per UCC Article 9's definition of debtor location).
In all cases, you should file a UCC-1 with the secretary of state's office in the state where the debtor is incorporated or organized (if a business), or lives (if an individual).
A rule of thumb when filing a UCC record is to file at the central filing office of the state where the debtor is located. However, there are exceptions, such as when the UCC records is filed as a fixture filing.
In addition to filing with the state, the UCC is filed with the County office that holds the county real estate records for the property. Filings for ownership entities are made in the state where the entity is registered. Filings for individuals are made in the state in which the individual resides.
In all cases, you should file a UCC-1 with the secretary of state's office in the state where the debtor is incorporated or organized (if a business), or lives (if an individual).
Steps Download the UCC-1 form. Provide direct contact information if desired. Fill in the debtor's name and mailing address. List the name and address of the secured party. Indicate the collateral covered by the financing statement. Include applicable descriptions of the transaction. Fill out an addendum if necessary.
Let's say a borrower puts up his house as collateral. A UCC filing could state that the borrower's home is foreclosed on in the event of a default or bankruptcy. It could also state that the house is seized or just sold off. UCC filings are active for five years.
UCC stands for Uniform Commercial Code and is a set of laws applicable in business and commercial transactions. They are not considered federal laws but as uniformly adopted state laws. UCC contains nine articles with provisions on certain areas of commercial law.