Legal Question in Real Estate Law in California

Can a ucc be filed against a real estate (real property ) in state of california and if all the procedures are followed the property may become free and clear if the original lender does not legally object ??

regards.


Asked on 11/16/10, 3:00 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No.

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Answered on 11/21/10, 3:11 pm
Anthony Roach Law Office of Anthony A. Roach

This question doesn't make any sense. The UCC normally governs procedures for security involving personal property, and not real property. References in the Commercial Code to real property, however, are clear that the law regarding liens in real property are not changed by the Commercial Code.

There is nothing that you file under the UCC that causes the lien of a deed of trust to evaporate if the lender fails to object.

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Answered on 11/21/10, 3:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Basically, no. The Uniform Commercial Code does not deal with or apply to real estate or liens on real property. Rarely, property that was personal property becomes real property by becoming affixed thereto - such as when a range is built in to a kitchen - and if the article was previously covered by a UCC-1 lien notice, that lien continues to attach, in some cases at least, after the article becomes real property. The rules are a bit too complex to recite in a bulletin board response. Nevertheless, there is no way that any UCC-related activity is going to affect the validity of a prior deed of trust.

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Answered on 11/21/10, 7:04 pm


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