Asset Protection Planning
is proactive legal action that protects your assets from threats such as creditors, divorce, lawsuits and judgments. Call now to let our attorneys help you.
So, what is a UCC-1 and how does it work? A Uniform Commercial Code form number one (1) is a form creditors use to secure their interest in property. In that sense, the UCC-1 form is to personal property what a mortgage or deed of trust is to real estate. So, creditors use this form to secure collateral for loans, for example.
Say, John wants to open a gym and needs to borrow money for gym equipment. The bank will generally record a UCC-1 and describe the gym equipment that secures the loan. If John does not pay the loan, the bank can seize and sell the gym equipment to recoup loan proceeds.
So, this is to give you a very easy to understand roadmap. Thus, that you can understand how secured creditors use the UCC-1 form. Plus, you’ll want to read until the end. There we will also reveal a special way to use the UCC-1 to protect your assets from lawsuits.
Commercial transactions in the United States such as contracts and loans are governed by the Uniform Commercial Code. We call this the UCC. All 50 states have adopted a version of the UCC. Under the law there are two types of property. There is real property – which is real estate and things attached to it. And there is personal property. This is movable property such as cars, computers, furniture, stock, jewelry and intellectual property such as patents and copyrights. So, under the UCC, a lender gives a loan. Then the lender uses personal property as the collateral for that loan. So, instead of real estate where a lender uses a mortgage or deed of trust, the lender must file a UCC-1 financing statement.
When one files this statement it tells the public, as well as future lenders, that specific personal property has been pledged as security for an existing debt. So, whoever properly files a UCC-1 for the specified property has priority over that property. That means, if the borrower does not pay the loan as agreed, the lender can seize that property to recuperate some of all of its losses.
By the way, many times, lenders do not automatically terminate the UCC-1. So, as a borrower it is important to do the following. Be sure to ask the lender to terminate the UCC-1 after the loan has been satisfied.
Once the process is complete, the state or in some cases the county returns a stamped copy of the ﬁled UCC 1 form to the filer along with any other documents that you may have ﬁled along with the document. The Security agreement, such as a promissory note, is recommended, but the UCC1 filing process does not require it. Some people have the Debtor electronically sign toward the bottom of the UCC-1 form in the optional filer reference data section, in order to make the form more of a contractual agreement between the parties and to avoid the requirement of an additional security agreement.
Sometimes we use the UCC-1 as an asset protection strategy. That is, we set up an LLC for our clients (preferably an international LLC). Then we record a UCC-1 that is payable to that LLC. Then, if needed we have an international lender purchase the UCC-1 and deposit the proceeds into an international account in the client’s international asset protection trust. We, then, for a fee, can assign that UCC-1 to the new lender. That is not money the client can run away and spend as that would be too risky for the lender. But it does show the judge that the personal property is secured by a UCC-1 financing statement. More importantly, it shows that the loan is payable to a true third-party lender and the client’s international LLC received the proceeds.
When the client is in the clear, the lender can terminate the UCC-1. The parties then terminate the proceeds that the client received for selling the UCC-1. Thus, they simply cancel each other out and the property is free and clear again.
So, that is what the UCC-1 form does, how it is used and how we use it to protect our client’s assets from lawsuits. If you would like to protect your assets from lawsuits, please call the phone number above or complete the free consultation form on this page.