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Can One Put a UCC Lien on Real Estate in Maine?

A Universal Commercial Code (UCC) lien is generally used to secure repayment of a loan or other monetary obligation by using personal property as collateral, similar to a mortgage on real estate that secures repayment of the loan used to purchase the real estate. In Maine, a UCC lien is used in the same way, but it also is used to lien some types of property typically associated with real estate, such as uncut timber and minerals.

  1. UCC Law Basics

    • The UCC is a model code drafted by commercial law experts and approved by a national organization known as the Uniform Law Commissioners. The UCC does not have any effect in any state unless the legislature of the state adopts the model code. All states, including the District of Columbia, have adopted the UCC model code in full or part, with some states including local variations.

    UCC1 Financing Statement

    • To be effective, a UCC lien must be prepared on an approved form and filed with the secretary of state's office. This filing provides public notice to everyone in the state that a creditor has a security interest in the debtor's property identified in the form. The approved form is known as a UCC1 financing statement and is available in Maine from the Secretary of State's website. The form also can be filed online (see References).

    Maine UCC Law Variations

    • Maine enacted its own variations of the UCC with respect to secured transactions involving certain types of property typically associated with real estate -- uncut timber and extracted minerals. Although a UCC1 is generally filed with the secretary of state, Maine UCC law requires a UCC1 on uncut timber and extracted minerals to be filed according to the local filing requirements of the jurisdiction where the property is located. The local filing requirements are set by the county register districts.

    Maine County Registry Districts

    • Documents related to real property in Maine are filed in one of the 18 county registry districts throughout the state. Each district elects a Register of Deeds, who is responsible for overseeing the operations of the registry office, such as providing information on the requirements to file documents affecting real property. For example, the Register of Piscataquis County maintains a website listing information on filing documents and searching records of previously recorded documents, such as UCC1 financing statements.

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