In New Mexico, various types of liens, mortgages/deeds of trust, UCC statements, bankruptcies, and lawsuits may be identified in a seller's files. These documents play a crucial role in property transactions, financial obligations, and legal disputes. Let's explore each of these elements in more detail: 1. New Mexico Liens: — Property Liens: These can include tax liens imposed by the government for unpaid property taxes or special assessments. Mechanic's liens may also be present if a contractor or supplier was not paid for work or materials provided to the property. — Judgment Liens: These arise from court judgments against the property owner. They can be filed by creditors pursuing unpaid debts, such as credit card companies or medical providers. 2. Mortgages/Deeds of Trust: — A mortgage or a deed of trust serves as a legal agreement between the borrower (homeowner) and the lender (usually a bank or financial institution). It secures the debt on the property. In the event of default, the lender may have the right to foreclose on the property to recover the amount owed. 3. UCC Statements: — UCC, which stands for Uniform Commercial Code, governs commercial transactions and the creation of security interests in personal property. A UCC statement is typically filed to give notice of a lender's interest in personal property used as collateral for a loan. It can include agreements like security agreements, financing statements, or collateral descriptions. 4. Bankruptcies: — Bankruptcy documents may be found if the seller has filed for bankruptcy in the past. Different types of bankruptcies can be identified, such as Chapter 7, Chapter 11, or Chapter 13 bankruptcy. These documents reveal the financial history and potential obligations that may impact the sale or transfer of property. 5. Lawsuits: — Lawsuits identified in the seller's files could highlight ongoing or resolved litigation involving the property or the seller. These can range from disputes related to boundary issues, easements, or contractual disagreements to personal injury claims, environmental violations, or construction defects. When conducting due diligence, potential buyers or interested parties should thoroughly review these files to assess any potential risks, outstanding debts, legal obligations, or encumbrances associated with the property or seller. Seeking professional guidance from real estate attorneys or title companies is often prudent to ensure a clear understanding of the implications of these legal documents on the transaction.
New Mexico Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files
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FAQ
Filing UCC Financing Statement is one requirement of the perfection step. Perfection determines which party has priority in the collateral, and gives notice to the public who has secured interests in the collateral and who claims first. However, if a security interest wasn't attached first, it cannot be perfected.
If two or more creditors are properly perfected, then the priorities among such competing secured creditors is spelled out in the UCC, but the general rule is that the first to perfect has priority, whether the competing security interests and liens are consensual or nonconsensual.
Let's briefly look at each of these requirements. Value is Given for the Security Interest. ... Debtor Has Rights in the Collateral. ... The Debtor Authenticates a Security Agreement. ... Filing a Financing Statement to Perfect the Security Interest. ... Possessing the Collateral to Perfect the Security Interest.
However, generally speaking, the primary ways for a secured party to perfect a security interest are: by filing a financing statement with the appropriate public office. by possessing the collateral. by "controlling" the collateral; or. it's done automatically when the security interest attaches.
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.
There are five ways a creditor may perfect a security interest: (1) by filing a financing statement, (2) by taking or retaining possession of the collateral, (3) by taking control of the collateral, (4) by taking control temporarily as specified by the UCC, or (5) by taking control automatically.
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.
