UCC liens from MCA funders: how they hurt you and how to get them released
How to find MCA UCC liens in your state, get a UCC-3 termination filed after payoff or settlement, what to demand if a funder will not release, and a checklist.
Updated
-
Home ·
-
UCC liens from MCA funders: how they hurt you and how to get them released
By Anonymous MCA industry contributor Research, writing and editorial review · MCA sales background
A UCC financing statement is a public filing to investigate alongside the underlying agreement. Identify the debtor, secured party, collateral, amendments, and termination requirements before treating a balance as fully resolved.
Updated 2026-10-30
Sources and scope
-
Cornell LII: UCC 9-513, termination statement (model text) - Official text of the uniform model provision, checked October 30, 2026. States adopt their own versions, so check yours.
-
New York UCC 9-513: termination statements - Primary reference checked September 18, 2026. Apply the relevant jurisdiction and facts; this guide is general information.
-
New York UCC 9-509: who may file - Primary reference checked September 18, 2026. Apply the relevant jurisdiction and facts; this guide is general information.
-
New York UCC 9-515: duration and continuation - Primary reference checked September 18, 2026. Apply the relevant jurisdiction and facts; this guide is general information.
This guide is about the lien side of an MCA: finding the filings, getting them terminated, and checking the record. For how a settlement itself is negotiated, see what MCA debt settlement is and how it works.
What a UCC-1 is in the MCA context
A UCC-1 financing statement is a short public notice filed with a state filing office, usually the Secretary of State in the state where the business entity is organized. It names a debtor, a secured party, and a description of collateral. Its job is to tell other creditors that someone claims an interest in that collateral.
MCA funders file them routinely. Because most advances are written as a purchase of future receivables, the filing often describes accounts, receivables, or "all assets" of the business. Article 9 of the UCC covers sales of accounts as well as security interests, which is why a funder that says it bought your receivables still files a UCC-1. The collateral description on a filing can be much broader than what the funder actually bought, so read both documents side by side.
A filing is not a complete statement of rights
Collateral coverage, attachment, perfection, priority, and enforcement are separate questions. A filing does not by itself seize property or establish that every asset is covered. Ask a prospective lender what an existing filing means for its proposal.
How to run a UCC lien search on your business
- Find the right filing office. For a corporation or LLC, that is generally the state where it was formed, not where it operates. A sole proprietor is usually filed against in the state of residence.
- Search the exact legal name. Use the name on your formation documents. Filing offices apply name search rules, and a filing under a slightly different name can be missed or can show up when you did not expect it. Try common variations too.
- Pull the full record. Most state sites offer a free or low-cost online search and a certified search for a fee. Download each UCC-1 and every amendment, continuation, and termination tied to it.
- Build a table. For each filing: file number, filing date, secured party name, collateral description, and any amendments. Then match each one to an MCA agreement.
- Look for strangers. Filings sometimes list a servicer, an assignee, or an entity you have never heard of. An advance sold or assigned to another company can show up this way. Ask the funder to explain any filing you cannot match.
Charges and search options vary by state. Keep copies of everything with the date you pulled it.
UCC-3: terminations and amendments
A UCC-3 is the form used to change an existing financing statement. The same form does several jobs, depending on which box is checked:
- Termination. Ends the effectiveness of the financing statement. This is the one you want after a payoff or a completed settlement.
- Amendment. Changes collateral, debtor, or secured party details. A partial release of collateral is done this way.
- Assignment. Records that the secured party's interest moved to someone else.
- Continuation. Extends the filing beyond its original term.
Under the model UCC, a financing statement stops being effective once a termination is filed, with limited exceptions (Cornell LII, UCC 9-513(d)). A filing that is simply allowed to lapse is a different path. New York's general rule is that a financing statement is effective for five years unless continued, subject to exceptions.
Who files the termination, and when
Usually the secured party of record files the UCC-3 termination. In the model text of UCC 9-513(c), for collateral other than consumer goods, a secured party must, within 20 days after receiving an authenticated demand from the debtor, either send the debtor a termination statement or file one, if certain conditions are met. The main condition is that no obligation is secured and there is no commitment to give further value. For a filing that covers accounts that were sold, the condition is instead that the account debtor has discharged its obligation (Cornell LII, UCC 9-513).
Two practical points follow. First, the duty in that subsection is triggered by your written demand, so send one after the final payment rather than waiting. Second, sold accounts are treated differently in the statute, and MCA funders often describe their deal as a purchase of receivables. That is one reason to put the termination obligation in the settlement or payoff agreement itself instead of relying only on the statute. Your state's version and the facts of your deal control, so have counsel check how it applies.
Do not file a termination yourself just because you believe the balance is paid. Filing authority is governed by UCC 9-509 and the agreement, and an unauthorized filing can create its own problems.
What to request in a settlement or payoff agreement
The written resolution should identify affected filings, any remaining obligations, who must deliver or file termination documents, and when. New York UCC 9-513 contains conditional termination duties, including provisions for sold accounts; do not treat all filings as identical. In practice, ask for:
- the file number and filing office of every UCC-1 the funder or its affiliates filed against you
- a commitment to file a UCC-3 termination for each, within a stated number of days after the final payment
- a copy of the filed termination, sent to you
- coverage of filings made by an assignee, servicer, or related entity
- a written payoff or satisfaction letter you can show a new lender
If you are paying in installments, the termination usually comes after the last payment. If a new lender is paying off the funder at closing, the lender may ask for a payoff letter that says the funder will file the termination once paid.
If the funder will not terminate the lien
- Recheck the record. Give the filing office time to process, then search again. Some terminations are filed late or under a different file number.
- Send a written demand. Reference the file number, the payoff or settlement agreement, and proof of payment. Use a method that gives you a delivery record. Under the model UCC this kind of authenticated demand starts the 20-day clock described above.
- Follow up in writing. Note dates. Copy the person who signed the settlement.
- Escalate with counsel. An attorney can look at remedies under your state's Article 9 and the agreement, and at whether the debtor is allowed to file a termination in the specific circumstances. The attorneys vs settlement companies guide helps decide who to bring in.
Keep proof of payment and every letter. If a new lender is waiting on the release, tell it what you have done so far.
Effect on new financing and bank relationships
Lenders run UCC searches before they lend. An open MCA filing that claims all assets or all receivables can stall a bank loan, an SBA application, an equipment lease, or an invoice factoring deal, because the new lender wants first position on the same collateral. Some will close only with a payoff and termination, some ask for a subordination agreement, and some walk away. Ask a prospective lender exactly what it needs to see.
An open filing can also trip up things that are not loans, such as a merchant processor review or a vendor credit application. And because the filing is public, it is visible to some lead brokers, who mine these records to solicit more advances. A cluster of new MCA offers right after a filing is not a coincidence.
Multiple liens from stacked MCAs
Businesses with stacked advances often have several UCC-1 filings, each from a different funder, sometimes for overlapping collateral. Each one is cleared separately. Paying off or settling one funder does nothing for the others' filings.
When settling a stack, track each lien to its own agreement, and do not assume the first-filed funder is the only one a new lender cares about. If one funder bought out another, check whether the old filing was terminated or assigned.
Verify the record after completion
Calendar the contractual dates and recheck the filing office. If a termination is missing, preserve proof of payment and seek advice about a proper demand and filing authority. Do not file an unauthorized termination yourself.
Checklist
- Search the filing office in your state of organization under your exact legal name
- Download every UCC-1, amendment, assignment, and continuation
- Match each filing to a specific MCA agreement
- Put termination terms, with file numbers, in the settlement or payoff agreement
- Keep proof of every payment
- Send a written demand for termination after the final payment
- Get a copy of the filed UCC-3
- Search again and save the result showing the termination
- Repeat for each funder in a stack
If you are doing this without a firm, the DIY negotiation guide covers the rest of the process. If you plan to hire help, ask how they handle lien cleanup (how to choose an MCA settlement company).
Common questions
How long does a financing statement remain effective?
New York’s general rule is five years, subject to exceptions and continuation provisions. Check the applicable filing and jurisdiction.
Is there a standard UCC lien release form?
Termination is generally done with a UCC-3 amendment form filed with the state filing office, with the termination box checked. Many states accept online filing. The secured party usually files it.
How do I remove a UCC lien after paying off an MCA?
Ask the funder to file a UCC-3 termination, send a written demand if it does not, and confirm the result with a new search. Get legal advice before taking further steps.
Can I obtain financing with an existing filing?
That depends on collateral, priority, the lender’s requirements, and proposed payoff or subordination arrangements.
Can I terminate a paid-off filing myself?
Not merely because you believe the balance is paid. Check statutory conditions, authorization, the agreement, and the filing office’s requirements with counsel.
Takeaway
Match each filing to its obligation, document the release process, and verify completion. A payoff receipt alone does not answer every lien question.
Compare the firms we reviewed
Coastal Debt Resolve Company review Spergel Company review Business Debt Insider Company review Second Wind Consultants Company review Business Debt Law Group Company review Regroup Partners Company review
Talk to our featured first provider
Request a free consultation from Coastal Debt Resolve. Confirm fees, service scope, and any legal representation in writing.
Also comparing providers? Read our Business Debt Insider review, and confirm any engagement terms directly with BDI.
More guides
-
MCA settlement vs bankruptcy: which one fits your situation?
-
Common red flags in MCA contract terms, explained clause by clause
-
MCA collection notices: warning signs and documents to check
-
What actually happens when you default on a merchant cash advance
-
Can you negotiate MCA debt yourself? An honest DIY assessment
-
The MCA reconciliation clause: how to check and request an adjustment
-
MCA attorneys vs settlement companies: which one do you actually need?
-
Account frozen after an MCA dispute? Check the notice and options
-
MCA consolidation vs settlement: compare written terms and costs
-
How to get out of a merchant cash advance: the decision tree
-
Signed a Confession of Judgment? What it means and what to do now
-
Served with an MCA lawsuit: identify the deadline and response
-
Do MCAs affect personal credit? Reporting, guarantees, and judgments