Editing Contracts/UCC-1 financing statement
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The financing statement is generally filed with the office of the [[state secretary of state]], in the state where the debtor is located - for an individual, the state where the debtor resides, for most kinds of business organizations the state of incorporation or organization. Many states have a state agency that operates under the secretary of state, which is tasked with overseeing business organizations and activities, including receipt of financing statements. However, an exception exists if the collateral is something that is tied to a particular piece of [[real property]], such as [[timber]], [[mineral rights]], or [[Fixture (property law)|fixtures]]. In that case, the filing must be made in the county where the property is located, usually in the recording office or county court, because that is where third parties are most likely to search for such record. | The financing statement is generally filed with the office of the [[state secretary of state]], in the state where the debtor is located - for an individual, the state where the debtor resides, for most kinds of business organizations the state of incorporation or organization. Many states have a state agency that operates under the secretary of state, which is tasked with overseeing business organizations and activities, including receipt of financing statements. However, an exception exists if the collateral is something that is tied to a particular piece of [[real property]], such as [[timber]], [[mineral rights]], or [[Fixture (property law)|fixtures]]. In that case, the filing must be made in the county where the property is located, usually in the recording office or county court, because that is where third parties are most likely to search for such record. | ||
In the case of a loan secured by personal property collateral, the filing of a financing statement gives notice of a [[lien]] against the property so that other lenders or buyers of the personal property will know of the security interest. In the case of a filing of a financing statement by a lessor of | In the case of a loan secured by personal property collateral, the filing of a financing statement gives notice of a [[lien]] against the property so that other lenders or buyers of the personal property will know of the security interest. In the case of a filing of a financing statement by a lessor of fixtues, the filing of the financing statement gives notice of the lessor's interests to others who acquire an interest in the real property and related fixtures. The financing statement does not create a lien nor does it create any additional rights against a lessee in favor of a lessor, the filing of a financing statement just gives notice of whatever rights the creditor or lessor have under their loan documents or lease, respectively. | ||