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Deed of Trust and UCC-1

A deed of trust, sometimes called a trust deed, is an essential document in any real estate transaction in which money is being loaned. The deed of trust basically states that title to some property or real estate will be held “in trust” by another entity (or “trustee”) until the debt owed is paid in full. The person who gave the deed of trust is now known as the grantor, while the person who made the loan is the beneficiary. If the repayment terms are not honored the trustee can foreclose the deed of trust, allowing the beneficiary to take title to the property.. By using a deed of trust, you can protect the money you loan.

What exactly is a UCC-1 Financing Statement?

That brings us to a UCC-1. What do you think this is? A UCC-1 is actually a form that you fill out to request and report personal property as collateral for a loan, giving you a security interest in the property. Information on these files typically includes the description of any personal property that is held as collateral, the location of the property, the name of the debtor, and the name of the person who holds the security interest . Companies need to know this because they need to protect their investments by having collateral for their loans. They also do not want to buy property or lend against property that may be covered by someone else’s UCC1. Many states allow you to file a UCC-1 online or to conduct a search that will allow you see if the property is already being used as collateral..

How can a UCC-1 help you?

Many companies protect their financial interests through UCC filings with equipment, vehicles andother items of value. Through a UCC-1 filing, this property is used as collateral toward a loan. The person in control of the collateral sends money to the lender and until the loan is paid back. If the debtor fails to pay it back, the person can take possession of and sell the collateral and use the money to put it toward the amount of money owed.

In sum, a Deed of Trust is used to secure real property as collateral for a loan and a UCC-1 is used to secure personal property as collateral. These are pretty common and are found often in the US business world. Having one of these is a great way for private companies and investors to ensure that they have a recourse if a debtor defaults on its obligations. If you own a company, these may be helpful to you. If you think you might need a Deed of Trust or UCC-1, contact Setup Express, LLC.