What is a UCC?

[pearl granite countertops]

My accountant says there is a UCC on my business. She asked me to send over any loan documents that I have so that she could deduct the interest but I have not taken any loans. There is no phone number on the UCC and the name of the company is a dead end. She says it is a blanket lean? Not sure of the spelling but she said that means it is against all of my assets. I am very concerned since I have not taken any loans nor authorized anyone to do this. She said it would affect me if I tried to get a loan but I don't have any plans to get one in the near future.

Does anyone have any experience with something like this? Can someone just put a UCC on your business without your authorization? We run our business debt free so it has got me very worried.

[Melanie O]

If you don't mind me asking, what state is your business in? Some states allow you to look up UCC filings online for free so it's possible I could actually help you pull it up so you can see it for yourself. A UCC is a public notice of a claim on assets or collateral. A blanket lien, generally means that it is a claim filed against all of your assets. It's very worrisome indeed if you did not authorize anyone to file one. Anyone can file one against anyone else, so that leaves the possibility open for abuse or a mistake. The individual states do not check to see if they were authorized. But one step at a time, can you tell me what state you're in?

[Fulcrum]

A lien on your business is very concerning. If your accountant knows about it than she should be telling you where to look for the proper information.

[pearl granite countertops]

I am in Florida

[Melanie O]

I am in Florida

You can search for your business name in here https://www.floridaucc.com/uccweb/search.aspx

Hit agree and then leave the selection on the dropdown menu as it is. Try search under 3 things, your business legal name, any DBA you might be using, your personal name.

[pearl granite countertops]

OH MY GOSH I found myself in there. Thank you so much. I know where this came from now, not that this was supposed to happen, but at least now I know who to call and fix this.

[pearl granite countertops]

Update - I know who this is and I don't owe them any money. They are completely unresponsive and are avoiding my calls. Does anyone know how to take their ucc on me down?

[Blue Hen]

Update - I know who this is and I don't owe them any money. They are completely unresponsive and are avoiding my calls. Does anyone know how to take their ucc on me down?

The only way that I know of to have a UCC terminated is to have the original filing party file a termination. If you truly owe them nothing, then they don't really have anything to gain by having it out there. It sounds like you know what this arose out of though and if you have a contract with them regarding some matter there might be a clause about UCC filings and the process for UCC terminations. If there's really nothing and this is unwarranted and they're ducking your phone calls, then you should probably get a lawyer to assist you. That might cost a little bit of money but it might get them to take you seriously.

[Melanie O]

The only way that I know of to have a UCC terminated is to have the original filing party file a termination. If you truly owe them nothing, then they don't really have anything to gain by having it out there. It sounds like you know what this arose out of though and if you have a contract with them regarding some matter there might be a clause about UCC filings and the process for UCC terminations. If there's really nothing and this is unwarranted and they're ducking your phone calls, then you should probably get a lawyer to assist you. That might cost a little bit of money but it might get them to take you seriously.

Actually there is a process where pearl granite countertops can send a termination demand letter to the secured party (assuming there are no obligations outstanding) and the secured party has like 20 days or a month or something (I forget) to respond and if they don't, pearl granite countertops can actually file their own termination with the secretary of state.

[pearl granite countertops]

Thanks Melanie. Is there a format for this termination letter? As I said, I do not have any kind of obligation with them. If they don't respond, how do I file my own termination? Is there a fee to do this as well? Thank you again.

[Melanie O]

Is there a format for this termination letter?
I don't know about specific "format" per se, but it should spell out that no obligations exist and that you are demanding a termination. The demand should be "authenticated." By that you should consider signing your demand with a notary. If there is no response after 20 days, you file a UCC-3 termination form with the secretary of state.

[pearl granite countertops]

This is being addressed. Thank you again.

[Lewis-H]

UCC filings or liens are legal forms that a creditor files to give notice that it has an interest in the personal or business property of a debtor. Essentially, UCC lien filings allow a lender to formally lay claim to collateral that a debtor pledges to secure their financing.