Lease Administrators UCC Warnings to Lessees

In California, to file a termination of a UCC statement, the cost is for 2 pages is approximately $10 and $20 for three pages or more. You can do this on line, or pay Lease Administrators $125.

Here is the California UCC page of fees:
http://www.ss.ca.gov/business/ucc/ra_9_ucc-3page.htm

Lease Administrators offers several services, and they send a fax
to a lessee asking if their lease has expired, “warning them of
the potential consequences” if they do not terminate the UCC
filing, actually stating that “the lien” may continue.

They send a fax from plus a copy of the UCC with number, names,
addresses. This fax was supplied by a lessee who paid $125
for their services, as they stated they were afraid they may have
to make additional lease payments.

LEASE ADMINISTRATORS
12504 Newell Avenue, #134, Walnut Creek, CA 94596
925-658-1201 Fax: 925-396-6182
www.leaseadministrators.org

October 2004

According to public records within The California UCC Division, the initial term of the equipment financing statement/lease lien is due to expire within 30 days (as noted on the enclosed green form). If lease termination requirements are not administered correctly and in a timely manner, an automatic renewal clause and lien continuation may be triggered. This will cause an extension of the lease, the requirement of additional payments and a delay in your receipt of clear equipment title.*

To prevent the risk and costly consequence of lease termination non-compliance, the following procedures will be executed on your behalf;

1-The secured party (or assignee) is notified by "avadavat of intent to purchase" (AIP) of your intention to terminate the equipment lease and exercise the purchase option.

2-Termination of the original filed UCC-1 statement is confirmed and copies of the UCC-3 statements are secured and provided to you ensuring proper equipment title transfer and ownership.

3-Proof of lease termination execution is registered and archived for a one year period to provide 3rd party verification for potential disputes that may arise with the secured party.

Complete the form below and mail it back in the enclosed envelope along with the required administrative fee. For further information, visit our website at www.leaseadministrators.org or call 925-658-1201.

Sincerely,
Steve Scott, VP, Plan Administration
stevescott@leaseadministrators.org

* If the lease has already been paid off, item #2 above was never executed. Proof of legal title of an asset prevents the secured party from ever being able to require further payments, as well as allowing a "clear" sale or transfer of the asset to another party.

Complete and detach the form below, then mail it back in the enclosed envelope along with the required administrative fee
-------------------------------------------------------------------------------------------------------------------------------------------------------

A __Our lease is already paid off. Please execute the appropriate Administrative procedures to remove the equipment lien. It was paid off approximately _________(month/year).

B __Our lease is due to be paid off shortly. Please execute to the appropriate administrative procedures to prevent an extension of the lease and to remove the equipment lien so that we receive proof of clear title.

Company Name: _____________________ UCC/File #:_____________

Contact/Title:______________________________________

Signature:____________________________ Phone #: ___________________

Fax:_________________email:_________________________________

Note: Due to the time sensitive nature of legal provisions in your equipment lease and the lease termination administrative procedures that need to be executed, please respond within 5 business days of the listed expiration date as noted on the enclosed green form (there is normally a 10 day grace period included in your lease agreement). Allow 2 weeks after the listed expiration date to receive a confirmation certificate and associated documentation.

also available in pdf format at: http://leasingnews.org/PDF/LEASE%20ADMINISTRATORS.pdf

The above form was faxed 60 days after the lease was paid off by
the lessee on a five year lease. Their reaction was to pay $125
for the services. The lessee told Leasing News they received a formal
“paid out” letter plus a bill of sale signed by the lessor. They asked for their $125 back after being notified by the lessor that the UCC had expired, and as important, they had received a “bill of sale” for the equipment listed.

A telephone call to Mr. Steve Scott ( who's name is on the form) was answered by an automatic recording, saying all “ service representatives” were busy, but to leave your telephone number, name, and UCC information.

The call was never returned to Leasing News.

Customers can also go on line and complete a form. Lease Administrators offers a “free service” for when you enter into a lease they will notify you at expiration of the UCC so you may engage them for $125 to properly “terminate” the UCC filing.

In California, UCC's expire in five years. Many leasing companies provide a “bill of sale” to the lessee when the lease is complete, meaning all payments made, all taxes and late charges paid, and any “purchase option,” if applicable, has been paid in full.

In the past, it was a common practice to also provide a UCC 3 termination form signed by the creditor and assignee, if applicable. Since the advent of electronic filing, this is no longer common, even to discounters who retain the residual. There also is the fact that many leasing companies have been sold, merged, and the leases assigned elsewhere.

Leases paid off early generally get a letter and/or bill of sale, but rarely a UCC termination. The practice today is not to provide a UCC 3, and if requested by the lessee, to require the lessee to complete, send in, and pay the fee.

Lease Administrators, according to their web site, http://www.leaseadministrators.org/ , has been providing their services since 1994. The company is not listed in the Better Business Bureau.