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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118264
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If a les pedants is filed and a lien after the filing prior

Customer Question

If a les pedants is filed and a lien after the filing prior to foreclosure sale occurs and a UCC1 shows how do you give notice to the person who filed the UCC1 and obtain a UCC3 quickly if the person refuses to file.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please clarify what you are asking? A lis pendens was filed and then s lien was filed and then a UCC 1 was filed? Was the lien filed before the UCC1? Has notice been given to the UCC 1 holder?
Customer: replied 1 year ago.
Lid Pendens was filed, then after a UCC1 was filed prior to the Foreclosure sale, by statue the UCC1 is not valid since it was filed afterwards. The person who filed the UCC1 needs to allow a UCC3 which is being requested by the new Buyers Attorney. How can this be done if the person who filed the UCC1 is not cooperating
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification.
If the party with the UCC 1 is refusing to remove it and file the UCC 3, then your recourse is you have to file suit in court for removal of the invalid UCC 1 and he will be liable to you for all damages for refusing to remove it and that includes any attorneys fees or loss of sale you incur or any other costs involved with having to get the court to remove the UCC1. Unfortunately there is no faster way or shortcut to get the UCC1 removed and only the court can remove it.
Expert:  Law Educator, Esq. replied 1 year ago.
My screen says you replied but I do not see any replies can you try again please.
Customer: replied 1 year ago.
I guess we will serve notice of suite
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If he will not cooperate you will have to file suit and then seek to have the court make him pay all of your damages, costs and attorneys fees for having to go through the court to remove his invalid UCC. That is all you can do.