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Although it is not a requirement by law that a UCC be filed, doing so can be protection for both lien holders and prospective buyers, as can be seen by the examples above. Most financing statements are filed in the office of the Clerk of Court in the county where the debtor lives.
Now, for example, let's say you want to take a second mortgage with Bank#2. Bank#2 will search the Secretary of State records and find that Bank#1 has already lent you money. Bank#2 will not get its money back until Bank#1 has been paid in full so its interest is referred to as "subordinated".
The Debtor must send an authenticated demand to the secured party. the demand must be sent to the name and address of the secured party found on the financing statement. the secured party has 20 days to either terminate the filing or send a termination statement to the debtor for the debtor to file.
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.
So really, a UCC3 Assignment has the same effect on the record as an amendment to add a secured party. This is one of those cases where you can accomplish the same thing through different amendments. An assignment adds a secured party. An amendment to add a secured party adds a secured party.