where in north carolina can i find a lawyer to record a ucc-1 form

by Dr. Izaiah Homenick MD 3 min read

How do I obtain UCC Records?

Find a Lawyer for Commercial Transactions / UCC Law in North Carolina. Choose a city below to view the list of lawyers practicing in that area. Search by …

Where do you sign the debtor on the UCC-1 form?

Details. Most documents maintained in the Department of the Secretary of State files are public records subject to disclosure under the Public Records Act, Chapter 132 of the North Carolina General Statutes. Many documents, including filings made with our Uniform Commercial Code Section, may be viewed on our website.

Do you have a UCC-1 filing against your business?

Jul 23, 2011 · What you heard is not true at all! A financing statement (Form UCC1) is filed to perfect a security interest in named collateral and establishes priority in case of debtor default or bankruptcy. In other words, the UCC-1 is used by creditors, not debtors, in commercial transactions. It creates security. It does NOT get rid of debt.

What is a UCC 1 form?

Find the best Ucc 1 form around ,NC and get detailed driving directions with road conditions, live traffic updates, and reviews of local business along the way. ... { currentPageIndex+1 }} of {{ ::ctrl.numberOfResultsPages() }} North Carolina ,, NC Northern Cape ,, Northern Cape New Caledonia ,, Legal. Help ...

How do I file a UCC in NC?

How can I submit a UCC filing?
  1. E-Filing online.
  2. US Mail. NC Department of the Secretary of State. Attn: UCC. PO Box 29626. Raleigh, NC 27626-0626.
  3. Hand delivery. NC Department of the Secretary of State.

Where do I file my UCC?

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).

Can an individual file a UCC-1?

In theory, anyone can file a UCC-1 against anyone else. To protect both secured creditors and debtors, Article 9 has strict requirements that must be met for a filed UCC-1 to be effective. One of those requirements is that the financing statement must be authorized by the debtor.Jun 16, 2021

Can I file UCC-1 online?

Launched on March 2020, the documents required to form a Corporation can now be filed online.Aug 6, 2020

Can you file a UCC on yourself?

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. First, the debtor must send an authenticated demand to the secured party.Feb 21, 2017

What's the difference between a UCC-1 and UCC3?

A UCC3 is a change statement to a UCC1. It's an amendment filing to an original UCC1 financing statement that changes or adds information to the originally filed UCC1. It's a filing tool secured parties use to manage their UCC portfolio to maintain their perfected security interests.

Does a UCC-1 need to be signed?

Although the UCC-1 Financing Statement does not require signatures, any attachment such as the legal description or special terms and conditions may require the signature of the Debtor.

Does a debtor have to authorize a financing statement?

If the debtor is bound by a security agreement, authorization to file a financing statement is implied. If the debtor is not bound (or not yet bound) by the security agreement, the debtor must authenticate the financing statement.Sep 26, 2021

How does a UCC lien work?

UCC filings or liens are legal forms that a creditor files to give notice that it has an interest in the personal or business property of a debtor. Essentially, UCC lien filings allow a lender to formally lay claim to collateral that a debtor pledges to secure their financing.Feb 2, 2021

How do I get rid of UCC-1 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.
Jan 2, 2019

What is a UCC termination filing?

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. 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.Jun 11, 2020

What does UCC stand for?

Uniform Commercial Code
“UCC” stands for Uniform Commercial Code. The Uniform Commercial Code is a uniform law that governs commercial transactions, including sales of goods, secured transactions and negotiable instruments. The Uniform Commercial Code is a comprehensive set of statutes created to provide consistency among the states.

How do I file a UCC in Texas?

Initial Filing

Note: Online filing and searching available through SOSDirect. For information or to subscribe, call (512) 475-2703. Form to be used for an initial filing. Form may only be used in conjunction with the UCC1 Form (see instructions on forms).

What is a UCC filing in Texas?

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.

What happens when you file a UCC-1?

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.

How do I fill out a UCC-1?

How to complete a UCC1 (Step by Step)
  1. Filer Information. Name and phone number of contact at filer. Email contact at filer. ...
  2. Debtor Information. Organization or individual's name. Mailing address.
  3. Secured Party Information. Organization or individual's name. Mailing address.
  4. Collateral Information. Description of collateral.

Robert Harlan Stempler

Mr. Chen is correct. The creditor perfects its security interests by filing a UCC form with the applicable agency, such as the Secretary of State, in a commercial transaction.#N#Please see my web site, the first video on the home page, which reviews all...

Frank Wei-Hong Chen

A business lawyer who handles commercial transactions. What you heard is not true at all! A financing statement (Form UCC1) is filed to perfect a security interest in named collateral and establishes priority in case of debtor default or bankruptcy. In other words, the UCC-1 is used by creditors, not debtors, in commercial transactions.

What is a UCC-1 form?

In that sense, the UCC-1 form is to personal property what a mortgage or deed of trust is to real estate. So, creditors use this form to secure collateral for loans, for example.

What happens if you file a UCC-1?

So, whoever properly files a UCC-1 for the specified property has priority over that property. That means, if the borrower does not pay the loan as agreed, the lender can seize that property to recuperate some of all of its losses.

What is asset protection planning?

Asset Protection Planning. is proactive legal action that protects your assets from threats such as creditors, divorce, lawsuits and judgments.

What is the UCC?

Commercial transactions in the United States such as contracts and loans are governed by the Uniform Commercial Code . We call this the UCC. All 50 states have adopted a version of the UCC. Under the law there are two types of property. There is real property – which is real estate and things attached to it. And there is personal property.

What is personal property?

There is real property – which is real estate and things attached to it. And there is personal property. This is movable property such as cars, computers, furniture, stock, jewelry and intellectual property such as patents and copyrights. So, under the UCC, a lender gives a loan. Then the lender uses personal property as the collateral for ...

What are the two types of property?

All 50 states have adopted a version of the UCC. Under the law there are two types of property. There is real property – which is real estate and things attached to it. And there is personal property.

What is a UCC filing?

A UCC filing, also known as a UCC lien or a UCC-1, is a financing statement which lenders can file against your business with your secretary of state. When you take out a secured loan, the lender may file a lien to protect the asset (s) you committed to secure financing. This might be a piece of equipment, a vehicle, property, ...

What to do if your lender doesn't file a UCC-3?

To do so you will generally need to make a trip in person down to your secretary of state’s office.

How long does a UCC-1 last?

A UCC-1 protects a lender’s interests for five years (unless the lender refiles) and will typically be included on your business credit reports. (Remember, you can check your business credit reports and scores with Nav.) Keep in mind that UCC filings are public records.

What does UCC-1 mean?

It signifies that you already owe money to another lender and that your assets are already committed to someone else. This is an important consideration because the lender with the oldest UCC-1 filing legally has the first claim on the assets.

Who is Michelle Black?

Michelle Black. Michelle Lambright Black, Founder of CreditWriter.com and HerCreditMatters.com, is a leading credit expert with over a decade and a half of experience in the credit industry. She’s an expert on credit reporting, credit scoring, identity theft, budgeting, and debt eradication.

Who is Michelle Lambright Black?

Michelle Lambright Black, Founder of CreditWriter.com and HerCreditMatters.com, is a leading credit expert with over a decade and a half of experience in the credit industry. She’s an expert on credit reporting, credit scoring, identity theft, budgeting, and debt eradication.

What happens when you pay off a loan?

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.

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What kind of property is subject to a judgment lien under North Carolina law?

In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

How does a creditor go about getting a judgment lien in North Carolina?

A judgment lien is created automatically on any property owned by the debtor in the North Carolina county where the judgment is entered. For any debtor property found outside the county, the creditor must file the judgment with the county clerk for the county where the property is located.

How long does a judgment lien last in North Carolina?

A judgment lien in North Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.

Where can I look up North Carolina law on judgment liens?

If you want to go right to the source and look up North Carolina laws on judgment liens -- maybe you're a party to a judgment, or you're just researching potential encumbrances on property -- the relevant statute (s) can be found at N.C. Gen. Stat. section 1-234.

What is a UCC 3 form?

UCC-3 Financing Statement Amendment. The UCC-3 form is the form a lender must use to amend, continue or terminate a UCC filing. So a UCC continuation statement, a UCC amendment, a UCC assignment and a UCC termination statement are all the same form. The form has check boxes for each of these actions, and the lender must simply check ...

How many states have adopted the UCC?

As of 2019, all 50 states as well as Puerto Rico and the U.S. Virgin Islands have adopted some version of the UCC. Each state’s version of the UCC may differ slightly, but for the most part, they contain the same language and are numbered the same. Thus, the laws are uniform from state to state.

What is the UCC?

The Uniform Commercial Code, abbreviated as UCC, is a set of uniform laws drafted in the 1950s that the states were free to adopt or not to adopt into law.

How many articles are there in the UCC?

The UCC has nine articles, each relating to different types of transactions. Article 2, for example, contains laws relating to the sale of goods, while Article 3 concerns commercial paper. One of the most widely-applicable articles is Article 9, which regulates secured transactions.

What is UCC Article 9?

Article 9 of the UCC. UCC Article 9 contains laws about secured transactions related to personal property. Personal property is any property that is not real estate, including but not limited to bank accounts, vehicles, furnishings, equipment and appliances.

What is personal property?

Personal property is any property that is not real estate, including but not limited to bank accounts, vehicles, furnishings, equipment and appliances. Article 9 contains the laws that relate to lien perfection and lien priority. Read More: How to File a UCC Lien.

What is secured transaction?

Secured transactions are transactions in which one party gives a security interest or lien to another party. For example, if a business borrows money to buy a new machine, the business will usually give the lender a security interest in the machine. The machine is the collateral for the loan. It’s the same principle as a car loan.