by Arizona Contracts & Business Lawyer Richard Keyt
When a secured party obtains a lien on personal property located in Arizona the secured party must file a document called a UCC-1 Financing Statement with the Arizona Secretary of State on the day the lien becomes effective or as soon as possible thereafter. The purpose of the UCC-1 is to give notice to the world that the secured party has a lien on the personal property described in the UCC-1.
Lien priority is determined primarily by the order that UCC-1 Financing Statements are filed with the Arizona Secretary of State. That is why it is critically important to file the UCC-1 as soon as possible so you get your UCC-1 filed before somebody else files one against the same borrower/debtor. The general rule is that the priority of liens on Arizona personal property is determined by the order in which a UCC-1 that describes the borrower/debtor and the collateral is filed with the Arizona Secretary of State. Lien priority is important because when a lien is foreclosed, the foreclosure extinguishes all liens that are junior (filed after) the lien that is foreclosed.
Search for Liens Filed with the Arizona Secretary of State
To check to see if a person or entity has any existing UCC-1 lien notices on file with the Arizona Secretary of State, go here:
How to Get an Arizona UCC-1 Financing Statement
Click on the link below to access the UCC-1 Financing Statement used by the Arizona Secretary of State. The instructions for the document are on the second page. Take care that you correctly indicate the exact name of the person or entity named in item 1. Be sure to describe the personal property precisely in item 4 of the UCC-1.
Where to Deliver the UCC-1 Financing Statement
Arizona Secretary of State
Attn: UCC Filing Department
14 North 18th Avenue
Phoenix, AZ 85007
You must also pay the Arizona Secretary of State a $5 fee to file a UCC-1 Financing Statement.