QUESTION

When filing a UCC 3 lien termination, do i have to use the lawyer who filed the UCC 1 initially

Asked on Jun 30th, 2016 on Residential Real Estate - New York
More details to this question:
A bank attorney filed a UCC1 for me in 2009 in connection with a refi loan which never closed. I need to have this lien cleared so I can close a new Refinance. I have contacted said original lawyer, who has no recollection of the original transaction. I have reminded him of the details and provided my records, yet he wants $200 dollars to prepare the UCC, not including filing (another $40). Is this egregious opportunistic billing/ can I provide the details to another lawyer who can prepare and file?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
If this is a county clerk UCC filing, there is a fee and time required.  You cannot sign for the bank to terminate its alleged lien.  Call the bank directly and see if they can do it in house as the first filing was clearly in error.
Answered on Jul 01st, 2016 at 3:58 PM

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