UCC discrepancy
Started by goldfish
almost 18 years ago
Posts: 13
Member since: May 2007
Discussion about
Has anyone ever had a situation where UCC filings were incorrect or incomplete? I have a situation where my original Mortgage was held by the original owner of the coop. this was over 15 years ago and pre dates Acris. It appears he filed two UCC-1s and did not file a UCC-3 termination. I've tried to contact him without luck, so far. Another discrepancy - when I refinanced, the BANK that gave me a mortgage eventually sold my mortgage and did not file a UCC-3. My loan has actually been sold twice and the only UCC-1 on file is the original bank. No amendments or terminations appear in ACRIS. just the original UCC-1. Any thoughts or advice would be appreciated. regards, g
Get a VERY good lawyer.
I had the same issue when I sold my apartment and found out that my original mortgage was never terminated after I refinanced. It wasn't a big deal, just a headache. You need to contact the bank attorney you dealt with and they will need to file it for you. You can do it yourself or hire an attorney, but as long as you have your loan #, it shouldn't be a huge deal. They may just charge you again for the filing fee which is $100 or so.
Thanks for the replies:
Considering the collective experience on this forum and the number of Coop transactions that occur in NY each year, I actually expected a few more war stories with this topic. I can't imagine I'm the only person who has discovered UCC discrepancies.
As a civilian I've heard at least one horror story just by talking with friends who have had real estate transactions recently.
Thanks for your personal experience cwny. I'm actually attempting to contact the original people but these forms were filed 15 years ago so it's proving to be quite difficult.
I appreciate your advice malraux. It should go without saying. Getting a lawyer is certainly something that I have on my list of things to do. What I'm trying to do is take preemptive steps to make a coop sale go as smoothly as possible. I'm just trying to do as much leg work myself so I don't end up up paying a lawyer thousands of dollars to do high school level administration. Or even worse, have a sale fall through or get sued because I'm unable to close.
UCC discrepancies are clerical oversights and I can't imagine that there aren't standard procedures in place to deal with issues like abandoned UCC-1 files. especially if they are more than a decade old.
Thanks,
g
Hi I have the same problem here in 2023 and there's like no information on the internet about this situation. Can you help and point to the right people?
I would start by contacting Titlevest.