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UCC Lien Check

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  • UCC Lien Check

    What are the correct steps when you find out a tenant up for auction might have items that have a lien on them in the storage unit.

    For the first time I got a hit when I did a UCC check and the tenant has a lien with a tool company. I have no clue if the items are in the storage unit.

    Any help would be greatly appreciated.

    Thank you!

  • #2
    You should have a section of your lease that the Occupant MUST answer:

    PROPERTY OF OTHERS: Owner shall not be liable to any Occupant or any third party for the sale of personal property which is not Occupant's property or which a prior lien has attached.....List any stored property that is not owned by the Occupant, if none, write "NONE"

    Then give them a line to write 3rd party name, address and phone # and description of property.

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    • #3
      You can also contact whoever may have the lien and let them know about auction date only and they can contact the tenant as they see fit. If you knew about the lien in the first place you would have had to send notices to that lien holder anyway. At least in Oregon you do.
      "Never let the inmates run the asylum!"

      Comment


      • #4
        Originally posted by MySpace View Post
        What are the correct steps when you find out a tenant up for auction might have items that have a lien on them in the storage unit.

        For the first time I got a hit when I did a UCC check and the tenant has a lien with a tool company. I have no clue if the items are in the storage unit.

        Any help would be greatly appreciated.

        Thank you!
        Scott Zucker spoke about this today. You send a certified letter to the company with the lien. Then they either say, "Eh, don't worry about it." Upon where you document name, phone number and title of person who told you this information, or they stop by the facility with the paperwork in hand re the tenant and you open the unit for them to see if their stuff is in there and let them have it. Easy peasy. Then continue the auction process.
        I was born to be wild, but only until about 9:00 pm.

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        • #5
          Thank you so much for your help everyone.

          Comment


          • #6
            Keep in mind that lien holders only have a right IF their lien precedes your lease date. We had an employer who's employee was storing with us. The unit had tools etc in it. HOWEVER they did not take out a lien on the goods until after the employee was terminated, which was after the employee rented with us. So our lien is first.

            Just an FYI...
            Stephanie Tharpe
            Senior VP of Operations
            A+ Storage of Tennessee, LLC
            Nashville, TN
            http://www.aplustorage.com
            615.288.2162

            TNSSA Board of Directors
            www.tnssa.net

            Comment


            • #7
              Originally posted by MusicCity Gal View Post
              Keep in mind that lien holders only have a right IF their lien precedes your lease date. We had an employer who's employee was storing with us. The unit had tools etc in it. HOWEVER they did not take out a lien on the goods until after the employee was terminated, which was after the employee rented with us. So our lien is first.

              Just an FYI...
              Good info MCG. Someone could rent a large unit and then go buy the vehicle they have always wanted and store it for protection and then go in to default and the lien on the unit takes precedent.
              "Never let the inmates run the asylum!"

              Comment

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