UCC lien search in Texas

Is Texas the right filing office to search?

Search Texas when the carrier is located there for UCC purposes, which is not always where its trucks run. An LLC or corporation organized in Texas is located in Texas (UCC §9-307), wherever it dispatches from. A sole proprietor is located at their principal residence, so an owner-operator who lives in Texas is searched here.

If the carrier was organized somewhere else but operates in Texas, search its formation state first, then Texas as well. A filing in the wrong state may not perfect anything, but it still shows that another funder believes it has a claim.

How to search UCC filings in Texas, step by step

1. 1

   Confirm the exact legal name

   Copy the carrier's name from its formation record, entity suffix and punctuation included. A financing statement against a registered organization has to use the name on its public organic record (UCC §9-503).

2. 2

   Run the Texas debtor search

   Open the Texas Secretary of State, Uniform Commercial Code Section search and search the exact name. Its online search charges per search or needs a paid subscription.

3. 3

   Repeat with the variations

   Search the DBA, former names, the owner's individual name for a sole proprietor, and the name with and without "LLC" or "Inc.". Each filing office applies its own search logic (UCC §9-506), so one search is rarely enough.

4. 4

   Open every hit's full history

   Read the UCC-1 collateral description, then every UCC-3 filed against the same initial file number: amendments, assignments, continuations and terminations.

5. 5

   Record what you found

   Save the results with the search date and time in the carrier's file. When you need an official record, order the certified search described above.

What to look for in the results

• Blanket liens: collateral described as "all assets" or "all personal property" reaches accounts, so it covers the invoices you plan to buy.
• Accounts and receivables: a description naming "accounts" or "receivables" usually means another factor or an asset-based lender.
• Lapse dates: a UCC-1 is effective for five years after filing unless a continuation is filed in the six months before it lapses (UCC §9-515).
• Assignments and terminations: an assignment changes who you ask for a release, and a filed termination ends the financing statement's effectiveness (UCC §9-513).

If you find a lien

Contact the secured party on a number you find yourself, and ask for a letter of release covering the accounts or a UCC-3 termination before you fund. The free NOA and release letter generator drafts the letter. If the prior factor has already notified the carrier's brokers, read two NOAs, one carrier.

For the full process, see UCC lien searches before you fund a carrier and the UCC-1 glossary entry.