A UCC lien is a
financial document stating that a lender (secured party) has a claim
in certain property belonging to someone else (debtor). By filing a UCC lien,
a secured party establishes his or her priority for payment over subsequent secured
parties if the debtor defaults on the loan. The lien document filed with the Montana Secretary of State's Office provides a notice to interested parties of the existence of a security interest against specific collateral.Note: To protect the privacy of individuals and businesses the SSN/FEIN number is being redacted (covered) on the image that is available to the public for EFS Liens, Federal Tax Liens and Title 71 Liens. A “non-redacted” image is maintained by the Secretary of State’s office in addition to the redacted image.
It is important to reflect the debtor’s name correctly when completing a Financing Statement or an amendment to a Financing Statement. The Secretary of State's office will reject your document if it does not correctly identify the debtor’s name in accordance with 30-9A-516, MCA. Listed below are some helpful tips to consider when reflecting a debtor name on a UCC lien or amendment.
- If the debtor is an individual, indicate the name noted on their current driver’s license or state identification card.
- If the
individual has only one financing name, such as "Cher," list the name in the space
provided for the (surname) last name.
- Trade names
adopted by individuals and organizations are not correct debtor names.
- Never combine
multiple debtor names on one form (for example, Smith, Jack and Jill, or Jack Smith DBA/Jack's
suffixes to distinguish filings by lineage (for example, Jr. or Sr.)
- If the debtor is an organization, check the charter documents in the organization's state of jurisdiction. For organizations registered in Montana you may verify their name through this link Business Entity Search.
- Double-check the
spelling of the debtor name.
- Identify the debtor as an individual or an organization by completing the correct fields on the form.
The filing location of a UCC lien is determined as follows:
- If the debtor is
a "registered" organization, the UCC is filed in the state of
- If the debtor is
an individual, the UCC is filed in the state of legal residence.
Administrative Rule: 44.6.202 EFFECTIVE DATE AND TIME
(1) Any filing delivered by the postal service has an effective time as of 8:00 a.m. on the delivery date. Filings received after 4:00 p.m. have the next business day's effective date.
(2) Any filing received by fax, walk-in, or express delivery service will have the same date and time as received.
UCC Lien: The secured party of record authorized the filing.
EFS Lien: The debtor must sign, authorize or authenticate the filing and the document must be filed by the secured party under the Federal Act. If authorization or authentication occurs the debtor is not required to sign the EFS notice filed with the Secretary of State’s office. An EFS filed electronically through the Secretary of State’s online filing site does not require the debtor’s signature.
Title 71 Lien: The secured party must sign the lien.
When filing an amendment with the Secretary of State’s office you must provide the original (initial) filing number along with identifying the type of amendment you are filing by checking the appropriate box and reflecting any additional information required on the form. Only one amendment type per form is permitted. The Secretary of State’s office no longer requires a current debtor and secured party name appear on each amendment form to assist with identifying the filing. It is the responsibility of the filer to ensure they have correctly displayed the original (initial) filing number on each amendment.
UCC Bulk download allows registered users to download monthly, data and images of lien documents and their associated amendments recorded with the Montana Secretary of State’s office.
The online UCC Search allows users to search debtor names, view filing chains, and download debtor search certificates and images of lien documents. There are two options available through the online service. Option 1: The “Subscription” service, allows users for a flat monthly fee to download unlimited debtor search certificates. There is an additional fee for downloading images of lien documents. Option 2: The “Non-Subscription” service, allows users to download debtor search certificates at a cost per certificate plus an additional cost when downloading images. Information regarding the Secretary of State’s search logic is available online or through the following Administrative Rule: 44.6.201. Click this link UCC Search to access the service.
To protect personal information, the Secretary of State’s office will redact the Tax Identification Number on all lien images available to the public. A non-redacted version of the image will be saved in our files.
Liens currently filed with the Secretary of State's Office are:
- UCC liens (against goods used or bought for commercial purposes)
- Agricultural liens (against goods used or bought for farming or ranching purposes)
- Effective Financing Statement liens (against crops, livestock, and unmanufactured products)
- Transmitting utility liens (related to transmitting electric or electronic communications; operating a railroad, subway, street railway or trolley bus; transmitting goods by pipeline or sewer; and transmitting or producing electricity, steam, gas, or water)
- Notice of federal tax liens (when taxes are assessed against a taxpayer on all his/her property and rights to property)
- Notice of child support liens (against all property)
- Title 71 liens (against crops for services performed in relation to that crop, such as spraying or dusting)
- Consumer goods liens (against goods used or bought for personal, family, or household purposes)
- Public finance transaction liens (against transactions in which long-term debt securities are issued to and/or for the benefit of the state or a governmental unit of the state)
- Manufactured home transaction liens (create purchase-money security interests in manufactured homes)