6-106. Filing, recording, and title transfer requirements.
327 words·~1 min read·
/ne/chapter-6/6-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In this section, financing statement has the same meaning as in section 9-102 , Uniform Commercial Code.
(b)An assignee of a legal or equitable interest in personal property may file a financing statement in the filing office of:
(1)this state established for purposes of section 9-501 , Uniform Commercial Code;
(2)any other state in which:
(A)the assignor would be located under section 9-307 , Uniform Commercial Code, if the assignor were a debtor for the purpose of that section; or
(B)an asset of the assignment estate may be located.
(c)A financing statement filed under subsection
(b)of this section must indicate that it is filed in connection with an assignment.
(d)When filing a financing statement under subsection
(b)of this section, the assignee must:
(1)attach a copy of the assignment agreement to the financing statement; or
(2)state on the financing statement that a copy of the assignment agreement is available on request to the assignee.
(e)A financing statement filed under subsection
(b)of this section may:
(1)designate the assignor as debtor and the assignee as secured party; or
(2)use the terms assignor and assignee or words of similar import.
(f)The filing of a financing statement under subsection
(b)of this section is not itself a factor in determining whether an asset secures an obligation. The rights of the assignee under the assignment are not affected if the assignee does not file a financing statement under subsection
(b)of this section.
(g)An assignee of a legal or equitable interest in real property shall record the assignment of the interest or notice of the assignment under the real estate recording law of the jurisdiction where the property is located.
(h)An assignee shall comply with other law governing the transfer of title to an asset.
(i)By signing an assignment agreement, the assignor authorizes the assignee to take the actions required by this section.