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Filing a UCC-1 allows creditors to collateralize or secure their loan by utilizing the personal property assets of their customers. In the event of the customer defaulting on their loan or filing for bankruptcy, a UCC-1 elevates the lender's status to a secured creditor, ensuring they will be paid.
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.
UCC-1 Financing Statements, commonly referred to as simply UCC-1 filings, are used by lenders to announce their rights to collateral or liens on secured loans. They're usually filed by lenders with the debtor's state's secretary of state office when a loan is first originated.
Article 9 of the Uniform Commercial Code governs secured transactions. It provides a mechanism whereby a secured creditor can perfect its security interest in the debtor's assets by filing a UCC-1 financing statement. In theory, anyone can file a UCC-1 against anyone else.
If you ever find yourself in that frustrating situation the answer is: Yes, you can, providing there is no existing obligation to the lender. This is provided for in Section 9-513 of the Uniform Commercial Code.
A UCC filing is a legal notice a lender files with the secretary of state when they have a security interest against one of your assets. It gives notice that the lender has an interest, or lien, against the asset being used by you to secure the financing. The term UCC filing comes from the uniform commercial code.
A UCC financing statement also called a UCC-1 financing statement or a UCC-1 filing is a legal form that allows a lender to announce a lien on an asset to secure a loan. By filing the UCC financing statement, the lender is giving notice that it has an interest in the property listed in the filing.
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.
In all cases, you should file a UCC-1 with the secretary of state's office in the state where the debtor is incorporated or organized (if a business), or lives (if an individual).
Any UCC liens filed against your assets within the last five years will show up on your business credit report, which may affect your ability to borrow from other lenders.