Louisiana Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files
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How to fill out Liens, Mortgages/Deeds Of Trust, UCC Statements, Bankruptcies, And Lawsuits Identified In Seller's Files?
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FAQ
In January of 1990, Louisiana adopted the Uniform Commercial Code.
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.
The UCC filing establishes a lien against the collateral the borrower uses to secure the loan ? giving the lender the right to claim that collateral as repayment in the case of default. However, in many cases, the terms UCC lien and UCC filing are used interchangeably.
UCC-1 Financing Statements may be filed with any Louisiana Parish Clerk of Court without regard to the debtor's address, location of the collateral or of any related immovable. Initial Financing Statements can now be submitted to any Louisiana Parish Clerk of Court online through the Secretary of State's website.
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.
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.
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.
If the borrower defaults on the loan, the lender has a legally recognized priority claim to the collateral over other creditors. Once the loan is paid off, the lender should file a UCC-3 termination statement. This removes the UCC lien and indicates that the lender no longer has an interest in the collateral.
