Maine 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
A creditor files a UCC-1 to provide notice to interested parties that he or she has a security interest in a debtor's personal property. This personal property is being used as collateral in some type of secured transaction, usually a loan or a lease.
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.
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 debtor name is incorrect or is misspelled, the UCC-1 filing may be invalid. This can cause creditors to lose their priority (or position) over other creditors who have filed financing statements against a borrower with the correct debtor information.
UCC - Frequently Asked Questions - UCC-1 and UCC-3. Most filings last for five (5) years from the date of filing. Filings for a debtor that is a transmitting utility have no expiration date.
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 UCC-1 is used to lien personal property, such as inventory, furnishings, equipment and trade fixtures, just as trust deeds are used to lien a fee or leasehold interest real estate. By using a UCC-1, a creditor (carryback seller or lender) receives a security interest in personal property as collateral for a debt.
It can impact your business credit A UCC lien filing remains on your business credit report for 5 years. This has no negative effect on your credit score, however, when someone checks your credit report it is visible and that can play a factor in your ability to be approved for things other than just business funding.
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.
You can remove a UCC filing by asking your lender to submit a UCC-3 form to terminate the lien. If you find a UCC lien listed on your credit report that shouldn't be there, you can contact the credit bureau (e.g., Experian, Dun & Bradstreet) and file a dispute to have it removed.
