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Re: Check for a UCC-1 filing against your name in the county recorder's office.

Posted by Ward-CA- on January 05, 2002 at 3:26 PM

In Reply to: laws in N.C. posted by Connie on January 04, 2002 at 7:34 PM

: Hi, I was told that once the paper work is served on you for foreclosure , you are not allowed to remove any furniture or anything like that from the property, is this true????? I am in N.C.and the mortgage co. is MLNUSA.Please help ease my mind or either break my heart.

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Connie, occasionally a lender seeks additional security, besides a trust deed against the title to real property, to secure their loan. So they will require a security interest against the borrower’s personal property to further secure a money obligation. Under the Uniform Commercial Code (UCC) a security interest attaches automatically when there’s an agreement between the borrower and lender that it will attach, that value has been given (promise of a future advance), that the debtor has rights in the personal property collateral and that the agreement has been put in writing.

The security interest in the borrower’s personal property is perfected by giving public notice by filing in the recorder’s office either the security agreement or a financing statement.

I have occassionally seen such statements when doing title record research. As far as the debtors are concerned the financing statement contains the debtors’ names, address, social security numbers, signatures and description of collateral being secured.

So if I were as concerned as you seem to be, I would check the county recorder’s record to see if it contains such a recorded UCC-1 financing statement in your name.


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