Where is the appropriate office to file a financing statement?

Financing statements covering goods are generally filed or processed through the state secretary of states office. Some states, however, require that the financing statement be physically filed at the local courthouse where the debtor is located. If the debtor is a business entity, the appropriate location for filing the jurisdiction where the debtor is organized. If the collateral is real estate, timber, as-extracted collateral, or fixtures, the financing statement must be filed in the local public property records. Financing statements covering goods and real estate converge when personal property becomes a fixture. In such cases, the financing statement covering goods may need to be filed in the real property records where the real estate is located.

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Jason M. Gordon

Member | Co-Founder Law for Georgia, LLC

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