Connecticut Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files

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US-OG-1203
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This form is used for liens and mortagages.

Connecticut Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files When conducting due diligence on a property, it is crucial to thoroughly examine the seller's files for any potential liens, mortgages/deeds of trust, UCC statements, bankruptcies, or lawsuits that may affect the property's ownership or value. In the state of Connecticut, there are several types of these legal documents that can be encountered. Let's delve into each one to understand their significance: Connecticut Liens: 1. Property Liens: These include tax liens, mechanic's liens, judgment liens, or other financial obligations imposed on the property by a creditor, contractor, or government entity. 2. Municipal Liens: These are liens placed on a property due to unpaid taxes, water bills, or other debts owed to the local government. 3. IRS Liens: Imposed by the Internal Revenue Service when a property owner has outstanding federal tax debt. Connecticut Mortgages/Deeds of Trust: 1. First Mortgages: Typically obtained when purchasing a property, these are loans secured by the property itself, ensuring the lender has a claim against it if the borrower defaults. 2. Second Mortgages: Additional loans taken against the property, which become subordinate to the first mortgage in priority. Second mortgages are often used for home improvements or to consolidate debt. 3. Home Equity Line of Credit (HELOT): A revolving line of credit secured by the property, allowing the homeowner to borrow against their equity. The priority of a HELOT depends on its recording date. 4. Deeds of Trust: Similar to mortgages, deeds of trust secure the loan with the property as collateral. They involve three parties: the borrower (trust or), the lender (beneficiary), and a neutral third-party trustee who holds the deed until the loan is either repaid or foreclosed upon. UCC Statements: 1. UCC Financing Statements: These statements record a secured party's interest in personal property, including equipment, inventory, or accounts receivable, to establish priority in case of default or bankruptcy. Connecticut Bankruptcies: 1. Chapter 7 Bankruptcy: A liquidation bankruptcy that involves the sale of the debtor's non-exempt assets to repay creditors. 2. Chapter 13 Bankruptcy: Also known as a wage earner's plan, this bankruptcy type allows debtors to reorganize their debts and design a repayment plan, typically extending over three to five years. 3. Chapter 11 Bankruptcy: Typically used by businesses, this bankruptcy allows for reorganization while the debtor remains in control of their assets and continues operations. 4. Chapter 12 Bankruptcy: Specifically designed for family farmers and fishermen, this chapter helps them restructure their debts and continue their operations. Connecticut Lawsuits: Identifying lawsuits filed against the seller is essential to comprehend any legal disputes or outstanding judgments that might affect the property. These can involve contract disputes, property boundary disputes, personal injury claims, or any other lawsuit where the seller is a party. In summary, thoroughly examining the seller's files for Connecticut liens, mortgages/deeds of trust, UCC statements, bankruptcies, and lawsuits is crucial to assess any potential risks or encumbrances that may impact the property's title or value. It is recommended to consult legal and real estate professionals to ensure a comprehensive review and understanding of these documents.

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FAQ

How do I get rid of a UCC filing? You can remove a UCC filing when you've repaid your business loan in full. Once you repay the debt, the lender should remove the lien from your business assets. If not, you may request that the lender files a UCC-3 to terminate the lien.

In general, a UCC filing is not bad for your business ? it simply serves as an official notice to other creditors that your lender has a security interest in one or all of your assets. However, UCC filings can impact your business credit, risk your company's assets and/or hinder your ability to get future financing.

First, the debtor must send an authenticated demand to the secured party. The demand should be sent to the name/address of the secured party as indicated on the financing statement. The secured party has 20 days to either terminate the filing or send a termination statement to the debtor that the debtor can then file.

If you need to remove a UCC filing form your credit report, ask the lender to file for its removal. In order to do this, they need to file a UCC-3 Financing Statement Amendment. You can also just wait it out. Depending on how long you have been with the lender, the filing may be removed within a few months.

Uniform Commercial Code The UCC-1 form, or Financing Statement, is a form you must file to place a lien on property or assets belonging to someone you have made a loan to. This creates a public record and serves as evidence in any legal dispute over liability.

To determine is there is a lien on your property you may either come down to the Town Clerk's Office during regular business hours or you may search our land indices on-line. When searching on-line select the volume number to see the grantor/grantee information.

?UCC? stands for Uniform Commercial Code. The Uniform Commercial Code is a uniform law that governs commercial transactions, including sales of goods, secured transactions and negotiable instruments. The Uniform Commercial Code is a comprehensive set of statutes created to provide consistency among the states.

A creditor with a UCC lien against your assets could immediately come after things like: Cash from your bank account. Your vehicle or other personal property. Any other assets mentioned in the UCC-1.

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The UCC-1 form, or Financing Statement, is a form you must file to place a lien on property or assets belonging to someone you have made a loan to. This creates ... Sec. 12-172. Tax liens; precedence; enforcement. The interest of each person in each item of real estate, which has been legally set in his assessment list, ...The lender will record the Deed of Trust or Mortgage document in the public records with the appropriate agency in the county where the property is located. 1.05 Taxes Affecting Mortgaged Property. (a) Mortgagor shall pay or cause to be paid, on or before the last day when they may be paid without interest or ... Nov 8, 2021 — File a financing statement: The creditor can file a financing statement with the appropriate jurisdiction using the new national form. This ... This personal property is being used as collateral in some type of secured transaction, usually a loan or a lease. Who should file a UCC-1 financing statement? (a) the seller must discharge all liens arising out of the car- riage and furnish the ... mortgage, deed of trust, conditional sale of, financing statement or. There are four basic methods for perfecting a security interest under the UCC. First, and most common, is the filing of a properly completed financing statement ... by M Schwartz · 2013 — but did not file a chattel deed or financing statement with the Secretary of the Commonwealth.8. In the bankruptcy proceeding the trustee questioned the ... https://www.cscglobal.com/service/webinar/ucc-101/ Uniform Commercial Code (UCC) filing, searching and monitoring can be complicated between ...

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Connecticut Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files