Contents
Agistors Liens
Child Support Liens
Colorado Housing and Financing Authority
Federal/State Tax Liens
General Lien Questions
Harvesters Liens
Hospital Liens
Mechanics Liens
Orders of Restitution
Redaction of Tax Identification Numbers
Searching Records
Spurious/Fraudulent Liens
Stud Service Liens

 

General Lien Questions

Q1. When is the Business Division’s online filing and searching system unavailable?

A1.  Although we make every effort to provide maximum availability of our online services, routine maintenance is necessary. Every night, the Secretary of State’s online filing and searching system is unavailable between 1:30 A.M. and 3:30 A.M., MST, for routine maintenance. Constituents who have started an online filing or search prior to 1:30 A.M. will have until 2:05 A.M. to complete their transaction (payment must have been submitted and accepted), or the transaction or search will be terminated.

Scheduled service interruption also occurs at the end of each calendar year. Special notices are published on the website regarding year-end accessibility.

 

Q2. What types of secured transaction records are filed with the Colorado Secretary of State’s Office?

A2.  Secured transaction records filed with the Secretary of State’s Office include UCC financing statements, effective financing statements, hospital liens, restitution liens, agistors’ liens, harvesters’ liens, Colorado Housing and Finance Authority (“CHFA”) liens, and child support liens. Federal tax liens are also filed with the Secretary of State’s Office.

 

Q3. Are security agreements filed with the Secretary of State?

A3.  No. The Secretary of State files UCC Financing Statements and Effective Financing Statements in order to make public records of liens against particular collateral.

 

Q4. When I mail in a UCC, how many copies should I send?

A4.  If you would like a copy of the filed document returned to you, please submit everything in duplicate. You do not need to include a return envelope. Images of filed documents may be obtained and printed online from our website.

 

Q5. Does the Secretary of State’s office handle liens against real estate or fixture filings?

A5.  No. These types of liens are filed with the County Clerk and Recorder where the real property is located.

 

Q6. Does the Secretary of State’s office handle liens against any titled equipment?

A6.  Our office does not handle liens filed against titled equipment, such as cars or trailers. Our office will accept UCC filings against certain types of equipment that have titles associated with them upon purchase, such as jet skis, snow mobiles and ATVs. Liens placed against cars, trailers, and other titled equipment should be filed with the Department of Motor Vehicles in the county where the titled equipment is registered.

 

Q7. What is an Effective Financing Statement?

A7.  An Effective Financing Statement (EFS) is a document filed with the Secretary of State that contains information regarding the secured party, debtor, and farm product collateral specific to a lending transaction. An EFS is a notice of a security interest in particular farm products. An EFS is not a lien. A complete definition of this term and information regarding the legal usage of an EFS can be found in Article 9.5 of Title 4 of the Colorado Revised Statutes.

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Q8. How long is a UCC Financing Statement or Effective Financing Statement effective?

A8.  UCC and EFS filings are good for five years from the date of filing.

 

Q9. Can a UCC or EFS be continued? If so, when can it be continued and for how long?

A9.  UCC and EFS filings may be continued within 6 months of the lapse date. For example, a filing that will lapse on Dec. 1, 2005 may be continued as early as June 1, 2005. A continuation adds five years to the lapse date. Therefore, the filing that would have lapsed on Dec. 1, 2005, will have a new lapse date of Dec. 1, 2010 if a continuation statement is filed.

 

Q10. Do you accept any UCC form or just the National form?

A10.  The Secretary of State will accept any UCC form as long as the required information is present on the form. (The Secretary of State prefers a National form modified to be Colorado-specific.) For example, the Colorado UCC-3 Financing Statement Amendment requires more information than the National UCC-3 form.

UCC forms are available on the Secretary of State’s website. Please use the Colorado specific instructions available by selecting "Forms" on the UCC home page.

Also, some Secured Transactions documents may be filed online.

 

Q11. Are signatures required for a UCC or EFS filing?

A11.  Signatures are not required for UCC financing statements. However, Effective Financing Statements filed on paper are required to include the signatures of both the debtor and secured party. The secured party is required to sign an Effective Financing Statement amendment. EFS records that are filed online make use of electronic signatures pursuant to section 24-71-101, C.R.S.

 

Q12. Who is permitted to file a termination statement?

A12.  The secured party is responsible for filing a termination statement or providing the debtor with a termination statement to be filed pursuant to section 4-9-513, C.R.S. If a secured party fails to file a termination statement for a UCC record, the debtor may file the termination statement, pursuant to section 4-9-509, C.R.S. Please review the statutes or contact a legal advisor for specific information.

 

Q13. How much does a UCC search cost?

A13.  As of October 1, 2004 you may search UCC and other lien records online at no cost by selecting “Search” from the UCC home page.

The fees can be found on our website. From the UCC home page, select “Fee schedule” under "Help & Resources". Checks should be made payable to the Colorado Secretary of State.

Copies and searches to be completed by the Secretary of State staff must be requested on the UCC-11 Information Request form.

 

Q14. What is the Office of Foreign Asset Control’s Specially Designated Nationals list or OFAC SDN List?

A14.  The Specially Designated Nationals List (“SDN List”) is a list of individuals and organizations, maintained by the Office of Foreign Asset Control, with whom U.S. individuals and organizations are prohibited from transacting business. Before transacting business with others, you may want to consider checking names against the OFAC SDN list. For more information, contact the Office of Foreign Asset Control or the U.S. Department of Treasury.

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