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Getting around a UCC filing can be complex. One option is to negotiate with the creditor and seek a release of the lien. You may also consider refinancing your debt, which could change the terms of the original filing. Always refer to the UCC guidelines for specific rules that might apply in your situation.
1. Ask the lender to terminate the lien upon payoff. When you pay off a loan, a good rule of thumb is to immediately submit a request with the lender to file a UCC-3 form with your secretary of state. The UCC-3 will terminate the lien on your company's asset (or assets) and remove the UCC-1 filing.
The place to file a UCC document is listed in I.C. 26-1-9.1-501. If you are unsure of the appropriate place to file, you should seek legal counsel. To record a new UCC with our office, fill out and submit the UCC Financing Statement form.
You must pay off or refinance the debt to eliminate the UCC filing. But in some cases, you may need to take further steps to remove the UCC lien from your credit report. In some cases, you might need to dispute the lien or enlist the help of an attorney to protect your business.
Completed forms along with the applicable fees can be mailed to Secretary of State, UCC Section, P.O. Box 942835, Sacramento, CA 94235-0001 or delivered in person (drop off) to the Sacramento office, 1500 11th Street, Sacramento, CA 95814.
If a Financing Statement is filed as a fixture filing or if the collateral consists of timber to be cut or as-extracted minerals then the filing is to be filed in the county recorders office in the county where the collateral is located.