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UCC liens from MCA funders: how they hurt you and how to get them released

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.

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Sources and scope

Find the relevant records

Use the applicable filing office and correct legal debtor name. Search methods and charges vary. Keep filing numbers and copies, then compare them with your agreements and payoff history.

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.

Agree how termination will be handled

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.

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.

Common questions

How long does a financing statement remain effective?

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New York’s general rule is five years, subject to exceptions and continuation provisions. Check the applicable filing and jurisdiction.

Can I obtain financing with an existing filing?

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That depends on collateral, priority, the lender’s requirements, and proposed payoff or subordination arrangements.

Can I terminate a paid-off filing myself?

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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.

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