New Mexico Sample Letter for Instructions to Appointed - Local Counsel - UCC-1
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FAQ
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.
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.
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.
"Address" means either (1) a street address, route number (may include box) or P.O. Box number plus the city, state and zip code, or (2) an address that purports to be a mailing address outside the United States of America. "Amendment" means a UCC record that amends the information contained in a financing statement.
Example of a UCC-1 Statement Bank XYZ is interested in offering Alex a loan, and as part of the contract, it files a UCC-1. Shortly afterward, Alex's Excavation loses one of its biggest construction contracts, and then another, and the company is forced to file for bankruptcy.
DO: Always use the Debtor's exact Legal Name and Address. The debtor's name should match what is listed on their legal license along with the correct address, or on the most recently filed corporate documents. Include the Lender's Name and Address. Provide a description of the collateral.
You can check for UCC filings via your Secretary of State's website. Find a link to Secretary of State offices for each state via the National Association of Secretaries of State ? note that you may have to pay a fee for the service.
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.
