FREQUENTLY ASKED QUESTIONS
Where do I file and search for UCCs?
Since July 2001, the central filing office of the state of formation is the proper place to file and search for financing statements against a debtor that is an organization. The central filing office of the state where the debtor resides is the proper place to file and search for financing statements against a debtor who is an individual. Different rules may apply to other types of liens.
How long will my search take?
It depends on the jurisdiction in which you are searching. Some search results may be returned as quickly as a few hours, while others may take up to ten business days. A member of our UCC team will be glad to provide an estimate for your specific search.
How do I determine the debtor name to search?
If searching for UCCs filed against an entity, you would need to start by searching the name used on the public organic record, usually the articles of formation. If searching for UCCs filed against an individual, you can start with the name on the individual’s driver’s license, but it may also be necessary to search any name the individual has used. Ancillary liens do not fall under these same rules and could in turn be filed under any variety of similar names. To help our clients combat this, we offer database searches for similar names in some jurisdictions to potentially reveal similar names, name variations, or even filing office rekeying errors.
Do you offer third-party database searches?
We do not maintain copies of filing office UCC databases. Based on availability, we conduct our searches using filing office records and filing office standard search logic or methods so that your search results will be current and accurate. Upon client request, we provide third-party database searches that utilize a more inclusive search logic useful for the discovery of filings under debtor name variations.
Where do I search for federal liens?
Federal liens of all kinds, whether issued by taxing authorities such as the IRS or by non-taxing authorities such as the EPA, are filed within various registries in each state. In some states they are available from the same central filing office as UCCs, while in other states they are only recorded at the local (county or city) level. There is no central registry for federal liens; each index must be searched separately.
Is it possible to correct a UCC filing that was filed with incorrect information?
Incorrect information reflected in a UCC filing can be corrected by filing a UCC-3 amendment. Once accepted and recorded by the filing office, filings cannot be retracted. If a UCC Financing Statement was filed in error, you can file a UCC-5 Information Statement to indicate that the UCC filing was erroneously recorded.
How far back do Capitol Services’ searches go?
The search period depends on the type of search requested. All bankruptcy, litigation, federal and state lien, and judgment lien searches cover the past ten (10) years. Our UCC searches are not limited to a specific time period but rather include all financing statements that have not lapsed as specified by the particular filing office. Financing statements that are included may have been filed within five (5) years of the through date or as early as the initial effective date of a UCC in that jurisdiction. Reach out to our UCC team if you have questions.
What is included in the lien search results project spreadsheet?
In addition to our search reports, you can request a spreadsheet from our UCC team containing the lien search results. The spreadsheet combines the entirety of the order’s results into one editable document. It will list all the information from each report, including filing dates and file numbers, while also allowing you to input any other needed information, like specific collateral.
What real estate/real property services do you offer?
Our searches of real estate records are limited to findings of federal and state liens, judgment liens, and UCC fixtures. Aside from our searches, we also perform grantor/grantee index retrievals in available jurisdictions. These indexes provide a snapshot of everything filed under a particular name within the real estate records. We can also use the information from these index retrievals to order specific copies of any document you might need from the county.
Does Capitol Services offer expedited service for UCC and lien filings and searches?
At Capitol Services, we pride ourselves on delivering prompt service. If you need something expedited, we work diligently to meet your deadline. Various expedite services are available in many states ranging from one- to twenty-four-hour service. Simply request expedited service and a customer service representative will explain your options. We treat every order in the most expeditious manner possible at no additional charge. When expediting, we only bill for the applicable state fees. While we can’t guarantee a specific turnaround time, we always strive to return work to you as soon as possible.
My email containing the search results has separate links for each report. Is there a way to consolidate all of the reports into a single file?
Within the email, there is a link at the top of the evidence column labeled VIEW ALL. Clicking this link will download everything into in a single file. Our UCC results spreadsheet will also condense all of the findings into one report.
What is a “search to reflect” and how is it useful?
After a UCC filing is submitted, we can provide a ‘search to reflect’ that will confirm that the filing can easily be found in the public record. A search to reflect will also reveal if another party filed a lien after the through date of your initial search and prior to the filing of your financing statement.
What is a database search for similar names?
Strict search logic in some states can prevent the discovery of similar names, name variations, and misspellings in the index. For due diligence purposes, we offer an additional database search that may uncover other filings.
Can Capitol Services provide updated searches?
While we do not offer updated searches, we can conduct full searches with updated copies. We will not include any copies that were filed before your requested update, cutting down on both paper and costs. Contact our UCC team for more details regarding this procedure.
Are judgments the same as judgment liens?
A judgment is an official decision made by a court resolving a legal dispute and setting forth the rights and responsibilities of the parties involved. A judgment lien is a type of lien that attaches to a defendant’s property as a result of a judgment and is used to collect on that judgment. While many court judgments are filed in their respective recorder or court as a judgment lien, it is not mandatory in all states. We can provide searches for judgment liens as well as a closed litigation search to look for any judgments. For more information you can review our article on Judgment Liens.
What is the turnaround time for my UCC searches?
While the turnaround time depends on the specific jurisdiction, most searches are typically completed within 2-3 business days. However, some state searches, in states such as Delaware and Texas, can usually be completed within the same business day that they are ordered. The project proposal supplied by our UCC team will contain the estimated turnaround times for the exact searches requested.
Does Capitol Services offer UCC filing services?
In addition to UCC search services, we offer filing services which you may send to us via email, fax, regular mail, or Federal Express. We also offer an online UCC preparation and filing system called UCC Filing Manager. Our complimentary UCC Filing Manager allows you to maintain libraries of commonly used debtors, secured parties, and collateral descriptions (additional collateral documents may be uploaded from your computer and attached); filings are transmitted to us electronically, and we transmit and subsequently store acknowledgement copies after filing.
Where can Capitol Services file UCCs?
We can file UCC documents nationwide, in every state and county, as well as in Canada.
Can Capitol Services e-File my UCC?
We can e-File/eRecord in a growing number of states and counties. You can quickly and easily e-File at the state level using our UCC Filing Manager in some high volume states. The normal turnaround time for e-Files and eRecordings is less than twenty-four (24) hours. Contact our UCC Filings team for specifics and more information on e-filing.
Will my document be filed the day it is submitted?
Each jurisdiction has a different cut off time for filings. The earlier you provide the document to us the more likely we can have it submitted the very same day. An acknowledgment copy may not be available for a few days, depending on the jurisdiction. Please note that some jurisdictions give filings the date of submission as the file date; others use the date that the document is processed and accepted. Backlog within a filing office could have a significant impact on a file date, and expediting may be crucial in these jurisdictions. For questions on a particular jurisdiction, contact our UCC team.
What is the turnaround time for my filing?
Each jurisdiction has a different turnaround time, but state expedite service may be available. You should check with a customer service representative for specifics. In general, most e-Filings should be complete within 24-48 hours. Most state filings take about 2-5 business days, and county filings could take about 2-3 weeks. For questions on a particular jurisdiction, contact our UCC Filings team.
How can I easily keep up with all of the different filing requirements?
Our UCC Filing Manager eliminates the need to memorize ever-changing UCC filing rules and simplifies your UCC filing process. It is a user-friendly online system that helps prepare, maintain, and record UCC documents nationwide. With built-in rules for each available jurisdiction, you don’t have to keep up with all of the specific UCC jurisdiction requirements. Our UCC Filing Manager also keeps track of upcoming expiration dates to ensure that your continuations, if required, are filed before the financing statements lapse.
Does Capitol Services handle real estate filings?
We can assist you with recording your real estate filings in any US county nationwide. You may send us your documents via mail or Federal Express; or if you would like us to eRecord your real estate filing, you can simply email us a copy.