Get Memorandum For Record 2020-2024

The Uniform Commercial Code allows a creditor, typically a financial institution or lender, to notify other creditors about a debtor's assets used as collateral for a secured transaction by filing a public notice (financing statement) with a particular filing office.

Box 2 – Termination – This is a termination of the effectiveness of the financing statement by the secured party. However, it is important to note that for a UCC1 filing a termination is only an amendment and that the UCC1 filing may be amended further, even after a termination has been filed.

A UCC lien isn't anything that drastic. It's more like a mortgage because it's a lien to which you agree in return for the loan. As long as you keep up your payments, it shouldn't cause problems. However, if you need additional financing at some point, the next lender knows lender number one will get paid first.

How do I submit my documents to the secretary of state for filing? Online: SOSDirect (electronic filing of many, but not all, types of documents) Fax: (512) 463-5709. Mail: Corporations Section. P. O. Box 13697. Austin, Texas 78711-3697. Delivery: James Earl Rudder Office Building. 1019 Brazos. Austin, Texas 78701.

The second method Article 9 provides for dealing with unauthorized filings involves Section 9-518. This section, entitled “Claim Concerning Inaccurate or Wrongfully Filed Record”, provides a non-judicial means for a debtor to correct a UCC record that was inaccurate or wrongfully filed.

A uniform commercial code (UCC) filing is a notice registered by a lender when a loan is taken out against a single asset or a group of assets. A UCC filing creates a lien against the collateral a borrower pledges for a business loan. The uniform commercial code is a set of rules governing commercial transactions.

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 this does not happen within the 20-day time frame, the debtor may file a UCC-3 termination statement.

A UCC-1 filing is good for five years. After five years, it is considered lapsed and no longer valid. Should your debtor remain in debt to you and encounter financial difficulty or file for bankruptcy, you have no secured interest if your UCC-1 filing has lapsed.

Resist this urge, because the finance company that holds your lien has first rights to the collateral. You can't sell an asset pledged as collateral on a small business loan unless you have the lender's consent and you've paid the appropriate price for the release.

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.