A state or regional UCC section allows you to publicly communicate that you, as a creditor or secured party, have entered into a security agreement with a debtor, along with a description of the security in question. The UCC-1 deposit sets your priority in the event of a debtor`s default (puts you at the top of the line with other secured creditors). Secured creditors generally have the same rights as a general unsecured creditor and also have the first claim on the assets of the security right. A second creditor may bring an action against the debtor without the debtor`s knowledge. The second creditor could obtain a judgment against the debtor and seize all the debtor`s assets, including security rights. Even if the secured creditor has not commenced a lawsuit against the debtor and has not yet obtained judgment, it still has the first right to the security right. If the second creditor brings the debtor`s assets to a court sale, the secured creditor receives all proceeds of the security rights up to the amount of the loan. So a secured creditor doesn`t care too much about the “courthouse race.” For most assets or security rights, the buyer must promptly complete its security right after the debtor has taken possession of the goods sold in order to maintain its priority. If the security is perfected within that period, it takes precedence over the previously perfected security. Large institutional lenders often require a “floating lien” on all of the debtor`s assets currently held and acquired after acquisition. Each of your customers with a large bank line of credit has likely granted such a security on all inventory, equipment and receivables that are now in the debtor`s possession or will be in the future. Whenever you consider a security right in a credit transaction, you should inquire about other security rights that exist in the ownership.  Security granted by the debtor is usually included on credit reports such as those prepared by Dun and Bradstreet.
You will likely want to order a search of the records to determine whether your debtor has granted a floating lien or a security right in a particular asset.  Security rights and certain types of collateral can be refined without the need to submit a UCC financing statement. Keep in mind that you will still need a security agreement that grants you the security right, even if it is not necessary to file a financing statement. A security will be useful to you, even if the privilege of another lender exists beforehand. First of all, the security always gives you a “hammer” that allows you to quickly attract the debtor`s attention. Taking legal action to obtain a judgment can take months. However, a security interest in the devices can allow you to immediately repossess the devices. A security right in receivables may allow you to contact the debtor`s customer for direct payment even before there is a delay in payment if this right is included in your security contract. According to UCC, the secured creditor has the right at any time to directly collect a claim for non-payment.
The rules on funding declarations vary somewhat from state to state. In general, however, all parties involved must be named in the document. In addition, the guarantee must be clearly identified in the financing statement. These goals can usually be achieved by completing Form UCC-1 with the Secretary of State in your area. For example, if you take out a loan to buy new machines, the lender can deposit a UCC-1 lien and claim those new machines as collateral for the loan. You should, of course, work with your lender to determine what the collateral will be before signing any documents advocating the loan. If you sign a secured loan, all designated collateral is now owned by the lender until your loan is fully repaid. Your lender can seize this guarantee if you do not repay your loan. Negotiable instruments are promissory notes or cheques. If your debtor claims that his money is tied up in money owed by others, you can claim a security right to prove that debt. You can take a security right in a promissory note owed to your debtor in the same way that you can take out a security right in receivables. You can file a security right on vehicles, but keep in mind that privileges on vehicles registered by the Motor Vehicle Division (VDD) must appear on the title of the vehicle.