New Jersey UCC3 Financing Statement Amendment

State:
New Jersey
Control #:
NJ-UCC3
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Description

UCC3 - Financing Statement Amendment - New Jersey - For use after July 1, 2001. This amendment is to be filed in the real estate records. This Financing Statement complies with all applicable state statutes.

Key Concepts & Definitions

New Jersey UCC3 Financing Statement Amendment is a legal form used in New Jersey to amend the information provided in the UCC1 financing statement, which is used to declare a security interest in collateral offered for a secured loan. The amendment might be needed to update the debtor's information, the secured party's information, or the collateral description.

Step-by-Step Guide

  1. Identify the Original UCC1 Filing: Retrieve the initial UCC1 financing statement that you need to amend.
  2. Complete the UCC3 Form: Accurately fill out the New Jersey UCC3 form, ensuring all alterations from the initial statement are included.
  3. Provide Authorized Signatures: Obtain the necessary signatures from all parties involved in the amendment.
  4. File the Amendment: Submit the completed form to the New Jersey Division of Revenue and Enterprise Services.
  5. Confirmation: Receive confirmation from the state that the amendment has been recorded and is effective.

Risk Analysis

  • Legal Risks: Incorrect filing of the UCC3 amendment could lead to legal disputes over the security interest or cause other financial complications.
  • Credit Risks: Failure to properly amend a UCC filing could affect debtor's credit or ability to secure future funding.
  • Operational Risks: The process requires accuracy, and errors could delay business operations or financial agreements.

Best Practices

  • Verify Details: Double-check all details in both the original UCC1 form and the UCC3 amendment to avoid discrepancies.
  • Seek Legal Advice: Consider consulting with a legal expert specialized in commercial transactions to ensure compliance with state laws.
  • Maintain Records: Keep thorough records of all UCC filings and amendments for future reference and legal compliance.

Common Mistakes & How to Avoid Them

  • Not Updating All Changes: Ensure that every change or correction is mentioned while amending the UCC1 statement to avoid partial amendments.
  • Lack of Verification: Always verify the identity and authority of all parties signing the amendment to prevent fraudulent filings.
  • Ignoring State-specific Requirements: Ensure that the filing meets all New Jersey-specific filing requirements and timelines.

How to fill out New Jersey UCC3 Financing Statement Amendment?

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FAQ

When the debtor has satisfied all amounts owed to the lender, a UCC-3 termination statement (now called a UCC termination statement) is routinely filed to terminate the security interest perfected by the UCC-1 financing statement.

A UCC1 financing statement is effective for a period of five years. A record that is not continued before its lapse date will cease to be effective, costing the secured party their perfected status and perhaps their priority position to collect. Once a financing statement has lapsed, it cannot be revived.

A UCC-3 termination statement (a Termination) is a required filing that terminates a security interest that has been perfected by a UCC-1 filing. 1. A Termination for personal property is accomplished by completing and filing form UCC-3 with the Secretary of State's office in the appropriate state.

After receiving your request, the lender has 20 days to terminate the UCC filing.

Form UCC3 is used to amend (make changes to) a UCC1 filing.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. Box 3 Continuation A UCC1 filing is good for five years.

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 3 form, also known as a Financing Statement Amendment, is a document tracking changes to the UCC 1 such as the termination, the continuation, and the transfer of the Financing Statement. Other amendments are also filed, such as amending the names of the two parties or amending the collateral.

Rules vary by State around releasing a UCC lien after a borrower satisfied the debt. Primarily there are two main ways to remove them. One way is by having the lender file a UCC-3 Financing Statement Amendment. Another way to remove a UCC filing is by swearing an oath of full payment at the secretary of state office.

A UCC-3 termination statement (a Termination) is a required filing that terminates a security interest that has been perfected by a UCC-1 filing. 1. A Termination for personal property is accomplished by completing and filing form UCC-3 with the Secretary of State's office in the appropriate state.

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New Jersey UCC3 Financing Statement Amendment