Legal Question in Business Law in Washington
UCC Filing
Can a UCC filing on heavy equipment used as collateral be filed after the fact?
Asked on 5/14/09, 8:35 am
1 Answer from Attorneys
Susan Beecher
Susan L. Beecher, Atty at Law
Re: UCC Filing
That depends on what the contract says.
However, you cannot file it after the fact if the debtor no longer owns the collateral. Depending on how the agreement reads, you may be able to file against other equipment in the debtor's possession.
If the debtor is already in financial trouble, it is possible (likely, in fact) that other creditors have already filed, and they will have priority over you, even if your contract is earlier.
Answered on 5/14/09, 9:29 am