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UCC filings are common among lenders, especially when providing small business loans. The good news is that having a UCC lien is unlikely to affect your business unless you cant make your payments or try to get additional financing using the same assets as collateral or if you default on the loan.
A creditor with a UCC lien against your assets could go after things like cash from your bank account, your car or personal property, and any assets in the UCC-1 filing. States place rules to protect equity of your home, a personal vehicle, retirement funds, and business equipment.
A creditor files a UCC-1 to provide notice to interested parties that he or she has a security interest in a debtors personal property. This personal property is being used as collateral in some type of secured transaction, usually a loan or a lease.
The UCC filing establishes a lien against the collateral the borrower uses to secure the loan giving the lender the first-position right to claim that collateral as repayment in the case of default.
If the IRS wants to file a statewide tax lien against a taxpayers personal property, the document evidencing the lien will be filed with the secretary of states office. Most states (if not all) index the IRS liens along with the UCC-1 financing statement liens.
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