Sec. 9.502. CONTENTS OF FINANCING STATEMENT; RECORD OF MORTGAGE AS FINANCING STATEMENT; TIME OF FILING FINANCING STATEMENT. (a) Subject to Subsection (b), a financing statement is sufficient only if it:
(1) provides the name of the debtor;
(2) provides the name of the secured party or a representative of the secured party; and
(3) indicates the collateral covered by the financing statement.
(b) Except as otherwise provided in Section 9.501(b), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or that is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy Subsection (a) and also:
(1) indicate that it covers this type of collateral;
(2) indicate that it is to be filed for record in the real property records;
(3) provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of this state if the description were contained in a record of the mortgage of the real property; and
(4) if the debtor does not have an interest of record in the real property, provide the name of a record owner.
(c) A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:
(1) the record indicates the goods or accounts that it covers;
(2) the goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;
(3) the record satisfies the requirements for a financing statement in this section, but:
(A) the record need not indicate that it is to be filed in the real property records; and
(B) the record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom Section 9.503(a)(4) or (5) applies; and
(4) the record is duly recorded.
(d) A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
Amended by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 11, eff. July 1, 2013.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Section 9.503. Name of Debtor and Secured Party
Section 9.504. Indication of Collateral
Section 9.506. Effect of Errors or Omissions
Section 9.507. Effect of Certain Events on Effectiveness of Financing Statement
Section 9.509. Persons Entitled to File a Record
Section 9.510. Effectiveness of Filed Record
Section 9.511. Secured Party of Record
Section 9.512. Amendment of Financing Statement
Section 9.513. Termination Statement
Section 9.514. Assignment of Powers of Secured Party of Record
Section 9.516. What Constitutes Filing; Effectiveness of Filing
Section 9.517. Effect of Indexing Errors
Section 9.518. Claim Concerning Inaccurate or Wrongfully Filed Record
Section 9.5185. Fraudulent Filing
Section 9.520. Acceptance and Refusal to Accept Record
Section 9.5211. Uniform Form of Written Financing Statement and Amendment
Section 9.522. Maintenance and Destruction of Records
Section 9.523. Information From Filing Office; Sale or License of Records
Section 9.524. Delay by Filing Office