Contents
Termination
Q1. What is a termination?
A1. A
termination is a notice that a secured party or other lien holder released its
claim against a debtor’s assets.
For example, if a
bank loans money to a business, part of the agreement might include some of the
business's property being used as collateral. The bank files a lien to show
that it has an interest in that property. When the loan is repaid, the bank
files a termination to
show the bank no longer
holds an interest in that property.
Q2. Can I file a termination?
A2. In most cases, a secured party named on the record is responsible for filing a termination.
Only the IRS can terminate or
release an IRS lien. In some cases, the IRS will prepare a release or withdrawal form and give it to the taxpayer to file.
In some circumstances, a debtor can terminate a UCC Financing Statement. If the debtor's obligation has been fulfilled and the secured party fails to file a termination, the debtor may be allowed to file a termination. [1]
Q3. How do I file a termination?
A3. To file a termination:
- Go to the UCC filing system.
- Click on "Amend an existing record"
- Enter the original document number of the record that will be terminated.
- Choose the filing office where the original document was filed in the drop-down menu.
- Click on "Search."
- Review the record information. If this is the correct document, click on "Confirm."
The system will then walk you through the filing. For help with filing, see the form instructions.
Q4. What happens to a terminated record?
A4. For UCC and EFS, a termination creates a public
record that a loan was repaid, a lien was removed, or some other obligation was
met. The records will remain in our system until two years after they lapse.
For an EFS, the record will also be excluded from
the EFS Master List.
For the following types of liens, a termination changes the lapse date to
the date that the termination was filed. The record will be
removed from the system two years after the termination.
- Agistor's,
- Child support,
- Colorado Housing and Finance Authority (CHFA),
- Harvester's,
- Hospital,
- Restitution,
- Other Colorado statutory liens.
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[1] 4-9-513 and 4-9-509,
C.R.S.