Revised Article 9

Searching During The Transition

Searching during the RA9 transition period is problematic because financing statements recorded in compliance with prior law place of filing rules remain effective until their lapse date or June, 30, 2006, whichever occurs first. However, state legislatures in Alabama and Arizona enacted unique RA9 transition periods ending December 31, 2006, and June 30, 2007, respectively.
Under prior law, financing statements related to personal property were properly recorded in the jurisdiction where property subject to a security interest was located, whereas under RA9, financing statements are properly filed when recorded only in the jurisdiction where the debtor is located or organized without regard to where the property is located.

Therefore, to discover all financing statements that may judged to be effective during the RA9 transition period, searches must be conducted in both the proper RA9 filing office and the prior law filing office(s).