Legal Question in Business Law in California

What are the ramifications of filing a UCC-1 to take control of the Strawman.


Asked on 9/07/10, 10:57 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As long as the Wizard of Oz doesn't find out. As with any UCC filing, there are a number of requirements that must be met prior to filing. And a filing by itself doesn't result in control of anything; it creates a security interest. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 9/12/10, 12:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Filing a UCC-1 implies that you have a valid security interest in someone else's personal property. It does not create any lien or power to control that doesn't already exist as a result of an existing, valid security agreement or the like. A filed UCC-1 merely gives notice to others of the existence of the security interest. Filing a UCC-1 deliberately to interfere wirh someone's clear title to their property would be a tort and could result in a successful suit for money damages.

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Answered on 9/12/10, 12:47 pm


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