Question 1

How do you file a UCC lien in Florida?

Accepted Answer

FL filing: the secured party files a UCC-1 Financing Statement with the FL Department of State (Division of Corporations; online filing available). Contents: the debtor’s name and address, the secured party’s name and address, and a description of the collateral (can be specific or general: "all assets" is permitted for blanket liens). Filing fee: approximately $0-0 for electronic filing. The filing: is effective upon receipt by the filing office (the date and time of filing establish priority). The filing: is effective for 5 years and must be renewed by filing a continuation statement before expiration (Section 679.5151).

Question 2

What are common mistakes in UCC filings in Florida?

Accepted Answer

Mistakes: debtor name errors (the most common and most serious error: the debtor’s name must exactly match the name on the debtor’s organizational documents or driver’s license; even minor misspellings can render the filing ineffective), incorrect filing office (fixture filings: must be filed in the county real property records, not the state filing office), insufficient collateral description (the description must reasonably identify the collateral; a description that is too vague may be unenforceable), failure to renew (the filing lapses after 5 years if a continuation statement is not filed), and wrong debtor type (individual vs. organization: the rules for determining the debtor’s name differ).

Question 3

How do you search for existing UCC filings in Florida?

Accepted Answer

Search: the FL Department of State provides an online search tool (the FL Secured Transaction Registry: allows anyone to search for UCC filings by debtor name). The search: reveals all active UCC-1 filings, amendments, continuations, and terminations. Uses: due diligence (buyers and lenders search for existing liens before closing a transaction), title examination (the title company searches for UCC filings that may affect real property), and loan monitoring (lenders periodically search to verify that no competing liens have been filed). Cost: searches are free through the FL DOS online system.

Uniform Commercial Code Lien Filing

UCC Lien Filing in Florida

How to File

Common Mistakes

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