Where to file an UCC1 – Credentials
Q: Okay – – Here’s the problem, hubby and I are having issues with our SOS office filing a ucc1 against our strawman. Unfortunately, NC is one of those states that refuses to believe that they are a ministrial office and can not make legal sufficiencies regarding any records.
Too many people have too many “opinions” as to what is the best procedure for this matter. I must say that I do not know who you are, but am willing to listen to what you may have to say.
Please tell me who you are. Your background and why you may be in the position to offer valid information.
A: No problem, I have been filing UCC1’s for about 2-3 [ written Aug 2007 ] years now for people, yes there are many ideas of what is the correct way of doing things I tend to follow Howard Griswold. Some say one must file in Puerto Rico some the State you are in, yet what a lot of States do is allow you to file a lien of one Strawman onto another Strawman. Through trial and error I have found only one State that allows me to file transmitting utility liens against the Strawman without modifyig the content and through that State I can file for any other State or any Other Country for that matter.
One way to know the difference is if the length of the lien filing is 3-5 years then they are only allowing you to file a lien from one strawman on another – the liens I file are permanent.
I suggest if you wish to file directly with the State you are in to try another office if that is possible. Other than that you can threaten to report them if they are not doing their job to serve you as they are required by statue. I would dig up that statue and show it to them and the consequences that arise for not complying. If they fail to comply ask their supervisor and go all the way up the line.
All I do is file UCC1’s having first created a contract between the strawman and the human being. I then create a copyright notice with that information that people can use as a tool to protect their privacy and suggest how they can use it effectively. That is all I do samples of what I create are on the site. The Security Agreement however is much more detailed with information blanks for you to fill out and make your own.
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Q: Great job! I have downloaded all the files. Everything looks good. I noticed you did not use the “national” UCC-1 form? I guess all that matters is that the filing was accepted. I will also have to make some minor corrections in the Security Agreement, but all is well. Do I need to file the financing statement and copyright noticewith my local county recorder?
Thanks again,
A: [Note as this was a while back – the State forms are pretty much in conformity with the National Forms.]
I am at a slight slight disadvantage here as I am a Canadian National but let me say this, if the county recorder is considered the keeper of the public records then the answer would be yes. However you never file the Security Agreement [that is private personal information], file only the UCC1 Statement and the Copyright Notice.
Another way to answer this is through common sense – if someone was to look your name up to see whether you had any liens against your property where would they go? If the answer is the county recorder’s recorders office then that is where you wish to notify anyone interested in liening your property that you are already in the first lien holder position.
Technically the public notice is enough in common law, the public posting on the internet and in the paper cover that position in the sense a public notice is a public notice. Statute law is another ball game – we are entering into that with the UCC-1 statement as all government can see is their own paper form(electronic)- which substanciates your lien holder position in a way that they can recongnize. I would simply call the county recorder and ask questions and act as if you wanted to know how to lien someone’s property who owed you $100,000. There is no sense of complicating things just find out what are the normal precedures involved to lien a debtor. Let me know what you find out in your state. – Les
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