Secured debt - A debt that is backed by real or personal property is a “secured” debt. A creditor whose debt is “secured” has a legal right to take the property as full or partial satisfaction of the debt. For example, most homes are burdened by a “secured debt”.
If you file for a Chapter 7 bankruptcy, your secured debt may be discharged, but the lender is also able to repossess the property that secured the debt. In other words, if you have a mortgage on your home and file a Chapter 7 bankruptcy, the mortgage debt may be discharged but the lender can take back your home.
4 ways to search for UCC and federal or state tax liens Use a dedicated lien search tool. Search business records at a state Secretary of State office. Look for liens on a state or county recorder's office website. Get a list from the IRS via a Freedom of Information Act request.
UCC-3 party amendments: A UCC-3 amendment is a type of filing used to change or add critical information about the debtor or the secured party. For example, they can be used to change the name or the address.
If you're a new business owner or looking for financing, you need to know about the UCC and its filings- forms that are filed and recorded at the Secretary of State when a business obtains financing. UCC forms are not filed by businesses but by their creditors. These filings are called 'financing statements. '
The debtor must contact the secured party to request that a UCC-3 amendment be filed to terminate the original financing statement. This must be an authenticated demand letter sent to the secured party of record under its name and address indicated on the UCC-1 financing statement.
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).
At least 1 debtor and one secured party is required. No signatures are required – if included they will be redacted.
Statute of Limitations in New York Thanks to a law passed in 2021, the statute of limitations of debt in New York is three years, which means that's how much time a debt collector has to file a lawsuit to recover the debt through the court system.
The New York statute of limitations for consumer debt is three years. This means creditors or debt collectors have three years to try to collect on an unpaid debt or sue you for a debt. After this time limit has expired, the debt is considered time-barred.