Creating and Perfecting the Security Interest
Guidance
Article 9 of the UCCUCCUniform Commercial Code covers the perfection of a security interest in Personal PropertyPersonal PropertyFurniture, fixtures, equipment, and other tangible personal property located on or used in connection with the Property. .
The following table describes how to create and perfect a security interest.
To… |
Do the following… |
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Establish whether the Borrower or a third party owns the Personal Property |
Confirm that the BorrowerBorrowerPerson who is the obligor per the Note. has provided a representation of ownership in the Underwriting Certificate (Borrower) (Form 6460.Borrower). |
Verify that no other party has a Lien on the Personal Property |
Conduct searches for UCCUCCUniform Commercial Code financing statements, tax LiensLiensLien, mortgage, bond interest, pledge, security interest, charge, or encumbrance of any kind. , and judgments on all relevant parties to the transaction. |
Obtain a perfected first security interest in the Personal Property |
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Assign the security interest from you to Fannie Mae |
File an appropriate assignment (e.g., UCCUCCUniform Commercial Code -1Ad; UCCUCCUniform Commercial Code -3) in the same office(s) where the UCCUCCUniform Commercial Code -1 is filed or recorded. |