My question involves a consumer law issue in the State of: Florida
For a neighbor.
A long back story, not germane, but will cover briefly. He has a water treatment system installed on his house. Claims his (former) live in significant other forged the signature. Has provided financing company with the information and filed a police report, but all that is still pending.
He now wants (needs, medical) to sell his home, and there is a UCC financing statement on file. From what I, as a total non-expert, can see it is not a fixture filing. The exact wording on the filing is:
(Section 4 Collateral)
Florida documentary stamp tax is not required
<company brand name - redacted by me> water treatment system
That's all. The question - can he remove (professionally, by a licensed plumber) the system from his home and notify and/or deliver to (and if so, how) the creditor the secured system, thereby rendering the UCC null?
I realize it does not cure the debt, but the issue is to clear the title so he can complete the sale, as the softener obviously cannot convey.
Thanks!
Jim
For a neighbor.
A long back story, not germane, but will cover briefly. He has a water treatment system installed on his house. Claims his (former) live in significant other forged the signature. Has provided financing company with the information and filed a police report, but all that is still pending.
He now wants (needs, medical) to sell his home, and there is a UCC financing statement on file. From what I, as a total non-expert, can see it is not a fixture filing. The exact wording on the filing is:
(Section 4 Collateral)
Florida documentary stamp tax is not required
<company brand name - redacted by me> water treatment system
That's all. The question - can he remove (professionally, by a licensed plumber) the system from his home and notify and/or deliver to (and if so, how) the creditor the secured system, thereby rendering the UCC null?
I realize it does not cure the debt, but the issue is to clear the title so he can complete the sale, as the softener obviously cannot convey.
Thanks!
Jim
Consumer Law Issues: Ucc-1 and Right of Removal of Secured Collateral
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