Under property law, assignment typically arises in landlord-tenant situations. For example, A might be renting from landlord B but wants to another party (C) to take over the property. In this scenario, A might be able to choose between assigning and subleasing the property to C.
In other words, an assignment clause allows the buyer of a home to sell the place before they take possession of it. In Ontario, assignments are more common in pre-built homes and condos than on re-sale properties, but they are possible on any type of trade.
The Uniform Commercial Code allows a creditor, typically a financial institution or lender, to notify other creditors about a debtor's assets used as collateral for a secured transaction by filing a public notice (financing statement) with a particular filing office.
All UCC's that are filed with the County Clerk are valid for (5) years. Any statement that expires may be continued with the Secretary of State. If the statement remains effective past July 01, 2002, a new UCC will need to be filed. Please direct any questions to the Texas Secretary of State.
When a debtor has satisfied all debts owed and/or collateral has been returned to the lender, a UCC amendment is routinely filed to terminate the security interest perfected by the UCC financing statement and is used to extinguish the lien before its 5-year term has ended.
Ways to Remove a UCC Filing Ask the lender to terminate the lien upon payoff. Visit your secretary of state's office. Dispute inaccurate information on your business credit reports.