Subdivision 1. Requirement. (a) A secured party shall within 30 days file a lien termination statement and termination statement for the effective financing statement when:
(1) an outstanding secured obligation does not exist; and
(2) a written commitment to make advances, incur obligations, or otherwise give value does not exist.
(b) A lienholder shall file a termination statement with respect to a lien notice within 30 days after an outstanding lien notice obligation no longer exists.
Subd. 2. Contents. (a) Unless filed pursuant to section 336A.03, subdivision 4, in order to amend an effective financing statement or a lien notice, a termination statement for a lien notice or an effective financing statement must:
(1) state the file number of the effective financing statement or lien notice;
(2) state the date on which the lien or security interest was satisfied;
(3) state that the secured party does not claim a security interest under the effective financing statement or that the lienholder does not claim a lien under the lien notice; and
(4) be signed, authorized, or otherwise authenticated by the secured party or lienholder.
(b) If a termination statement is filed pursuant to section 336A.03, subdivision 4, in order to amend an effective financing statement or a lien notice, the termination statement must:
(1) state the file number of the effective financing statement or lien notice; and
(2) be signed, authorized, or otherwise authenticated by the secured party or lienholder.
Subd. 3. Filing. A termination statement for an effective financing statement or a lien notice must be filed in the computerized filing system operated by the Office of the Secretary of the State.
Subd. 4. Failure to file. If the secured party or lienholder fails to file a termination statement as required by subdivision 1, or within ten days after a debtor serves a written demand for the termination statement if the conditions in subdivision 1 exist, the secured party or lienholder is liable to the debtor for $100 plus any loss caused to the debtor by failing to file the termination statement. For the second and each subsequent time a secured party or lienholder is found liable to a debtor under this subdivision in any one calendar year, the secured party or lienholder is liable to the debtor for $250 plus any loss caused to the debtor.
Subd. 5. [Repealed by amendment, 2004 c 191 s 8]
1992 c 525 s 8; 2004 c 191 s 8
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 336A — Farm Product Liens And Financing Statements
Section 336A.01 — Definitions.
Section 336A.02 — Specification Of Farm Products.
Section 336A.03 — Contents Of Financing Statement Or Lien Notice.
Section 336A.04 — Filing Effective Financing Statement Or Lien Notice.
Section 336A.05 — Effect Of Filing On Perfection And Priority.
Section 336A.06 — Continuation Statement.
Section 336A.07 — Termination Statements.
Section 336A.08 — Master List.
Section 336A.11 — Registration Of Farm Product Dealers.
Section 336A.13 — Receipt Of Written Notice.
Section 336A.14 — Restricted Use Of Information.
Section 336A.15 — Buyers Taking Free Of And Subject To Farm Products Statutory Liens.
Section 336A.16 — Commission Merchants And Selling Agents Subject To Farm Products Statutory Lien.