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I borrow some money from the bank, and I sign a security agreement that describes the collateral.

Melbourne, FL |

The bank does not file a financing statement. Has the bank security interest attached?

Attorney Answers 2


  1. Generally, a security interested isn't "perfected" unless he UCC-1 financing statement has been recorded with the state.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. Generally the security interest is not perfected until the financing statement is filed. However, just because the bank may not have filed currently, does not mean that it will not do so later.

    Any response does not create an attorney - client relationship without both parties fully signing a representation agreement.