Recording a Real Property Related UCC
Real property related UCC financing statements and amendments are filed in the Register of Deeds Office where the collateral is located and whose collateral includes fixtures, timber to be cut, or as-extracted minerals. The form must indicate that the document is to be filed in the real estate records of the local filing office and must meet all requirements of Revised Article 9.
Effective July 1, 2001, all non-real property related UCC financing statements and amendments are to be filed in the central filing office in the UCC Section of the NC Department of the Secretary of State in Raleigh.
Forms
Forms and additional information on Uniform Commercial Code filings may be obtained from the NC Secretary of State.
Recording Fees
See the Fee Schedule.
Make checks payable to: Rockingham County Register of Deeds
Reasons to Reject a UCC
- The UCC is not communicated by a method authorized by the filing office. [G.S. 25-9-516(b)(1)]
- Fee enclosed is not equal to or greater than statutory fee. [G.S. 25-9-516(b)(2)]
(1 or 2 pages $38; 3 to 10 pages $45; over 10 pages $45, plus $2 per additional page over ten)
- The UCC cannot be indexed because:
- the initial financing statement does not provide a name for the debtor. [G.S. 25-9-516(b)(3)a]
- the amendment or correction statement does not identify the initial financing statement number and debtor’s name [G.S. 25-9-516(b)(3)(b)(1)]
- the amendment or correction statement identifies an initial financing statement whose effectiveness has lapsed [G.S. 25-9-516(b)(3)(b)2]
- the initial financing statement, or an amendment that provides the name of debtor not listed on the initial financing statement, does not identify the debtor’s last name. [G.S. 25-9-516(b)(3)(c)]
- The UCC does not identify real property to which it relates (G.S. 25-9-516(b)(3)(d)].
- The initial financing statement or amendment that adds a secured party of record does not provide a name and mailing address for the secured party. [G.S. 25-9-516(b)(4)]
- The initial financing statement or amendment that includes a debtor not included in the related initial financing statement does not:
- provide a mailing address for the debtor. [G.S. 25-9-516(b)(5)(a)]
- indicate whether the debtor is an individual or an organization. [G.S. 25-9-516(b)(5)(b)]
- indicate the type of organization if the debtor is a business, the jurisdiction of organization, or the organizational identification number (or an indication that there is no organizational number).[G.S. 25-9-516(b)(5)(c)]
- The assignment in the initial financing statement or amendment does not provide a name and mailing address for the assignee. [G.S. 25-9-516(b)(6)]
- The continuation statement is not filed within the six month period as required by G.S. 25-9-516(b)(7).
- The UCC does not indicate that the statement is to be filed in the real estate records. (check the appropriate block as indicated on the UCC form)
- Non-real estate-related amendments, are not recorded in the local filing office. [G.S. 25-9-710(b)]
- Non-real estate-related initial financing statements, are not recorded in the local filing office. [G.S. 25-9-501, G.S. 25-9-502]
Note: All references to "amendment" means any sequential filing to an initial UCC - continuation, assignment, release, amendment, or termination.