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Tractor liens an update

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DRankin
Join Date: Jan 2000
Posts: 5116 Northern Nevada
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2003-11-24          69466

The subject of liens has surfaced in a couple of threads so I thought I would share this tidbit.

I got a letter in the mail last week from postmarked Sacramento, CA and came from the Secretary of State.

The document inside was titled "UCC Financing Statement Amendment". It was sent to my address in Nevada to inform me that Kubota Credit had released the lien on my BX22 when I paid off the loan.

Salient points:

1- Kubota Credit filed a lien when I purchased/financed the tractor.

2-They filed it in the state where I purchased it, not the state where I live.

3-They filed it with the State of California not the county where the dealership is located.

So the way it looks, at least in this case, if someone wanted to research any liens on my tractor they would have a hell of a time figuring out where to look.

It would be interesting to know how they bring legal action against a loan in default from another state.


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Tractor liens an update

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Murf
Join Date: Dec 1999
Posts: 7249 Toronto Area, Ontario, Canada
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2003-11-24          69468

This is a common tactic Mark.

By registering where you bought it they can establish a cause of action in that state, then if they ever have to act on it there would be an increased cost and hassle for the 'owner' to be represented in an out of state court instead of locally.

A judgement from any court has equal standing, and is fully enforceable, after entering or recording it in any other court of 'equal standing', even if, for instances, it was a court in Canada.

Best of luck. ....

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Tractor liens an update

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Billy
Join Date: Oct 1999
Posts: 975 Southeast Oklahoma
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2003-11-24          69471

I guess every state is a little different. I bought my tractor in Arkansas but the UCC was filed with the county of which I live, in Oklahoma.

I do agree though. In a case like yours, it would make it almost impossible for the everyday Joe to find out if you had a UCC filed on your tractor. I know I can call the county corthouse and find out if so-and-so has a UCC filed on a perticular item. ....

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Tractor liens an update

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Chief
Join Date: Jul 2003
Posts: 4297 Southwest MiddleTennessee
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2003-11-24          69519

When I paid off the Sea Ray, I got the same thing in the mail. USAA who had financed it had filed a lien and released it when paid off. Guess they are just trying to cover their bets. What is weird is that I did not get anything like that when I paid off the John Deere. Go figure. ....

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Art White
Join Date: Jan 2000
Posts: 6898 Waterville New York
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2003-11-24          69523

Some companies are faster getting them out and you might even find some to check at the court house that go back a bit. ....

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Chief
Join Date: Jul 2003
Posts: 4297 Southwest MiddleTennessee
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster  View my Photos  Pics

2003-11-25          69611

I have found that when a tractor has a lean on it; I check the tire pressure. ;-) Corny joke o'the day! ....

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