Wisconsin Statutes & Annotations
Chapter 409 - Uniform commercial code — secured transactions.
409.515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

409.515 Duration and effectiveness of financing statement; effect of lapsed financing statement.
(1) Five-year effectiveness. Except as otherwise provided in subs. (2), (5), (6), and (7), a filed financing statement is effective for a period of 5 years after the date of filing.
(2) Public-finance or manufactured-home transaction. Except as otherwise provided in subs. (5), (6), and (7), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
(3) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to sub. (4). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(4) When continuation statement may be filed. A continuation statement may be filed only within 6 months before the expiration of the 5-year period specified in sub. (1) or the 30-year period specified in sub. (2), whichever is applicable.
(5) Effect of filing continuation statement. Except as otherwise provided in s. 409.510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of 5 years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the 5-year period, the financing statement lapses in the same manner as provided in sub. (3), unless, before the lapse, another continuation statement is filed pursuant to sub. (4). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(6) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
(7) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under s. 409.502 (3) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
History: 2001 a. 10; 2011 a. 206.
When a creditor fails to file a continuation statement, perfection lapses and the creditor may assume the status of an unperfected secured creditor as against a prelapse purchaser. Hanley Implement v. Riesterer Equipment Inc. 150 Wis. 2d 161, 441 N.W.2d 304 (Ct. App. 1989).
The filing of a 2nd financing statement that does not refer to the original filing does not bring the creditor into substantial compliance with [former] sub. (3). Bostwick-Braun Co. v. Owens, 634 F. Supp. 839 (1986).
NOTE: The above annotated materials cite to the pre-2001 Wis. Act 10 version of ch. 409.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 409 - Uniform commercial code — secured transactions.

409.101 - Short title.

409.102 - Definitions and index of definitions.

409.103 - Purchase-money security interest; application of payments; burden of establishing.

409.1035 - Production-money crops; production-money obligation; production-money security interest; burden of establishing.

409.104 - Control of deposit account.

409.105 - Control of electronic chattel paper.

409.106 - Control of investment property.

409.107 - Control of letter-of-credit right.

409.108 - Sufficiency of description.

409.109 - Scope.

409.110 - Security interests arising under ch. 402 or 411.

409.201 - General effectiveness of security agreement.

409.202 - Title to collateral immaterial.

409.203 - Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

409.204 - After-acquired property; future advances.

409.205 - Use or disposition of collateral permissible.

409.206 - Security interest arising in purchase or delivery of financial asset.

409.207 - Rights and duties of secured party having possession or control of collateral.

409.208 - Additional duties of secured party having control of collateral.

409.209 - Duties of secured party if account debtor has been notified of assignment.

409.210 - Request for accounting; request regarding list of collateral or statement of account.

409.301 - Law governing perfection and priority of security interests.

409.302 - Law governing perfection and priority of agricultural liens.

409.303 - Law governing perfection and priority of security interests in goods covered by a certificate of title.

409.304 - Law governing perfection and priority of security interests in deposit accounts.

409.305 - Law governing perfection and priority of security interests in investment property.

409.306 - Law governing perfection and priority of security interests in letter-of-credit rights.

409.307 - Location of debtor.

409.308 - When security interest or agricultural lien is perfected; continuity of perfection.

409.309 - Security interest perfected upon attachment.

409.310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

409.311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

409.312 - Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without...

409.313 - When possession by or delivery to secured party perfects security interest without filing.

409.314 - Perfection by control.

409.315 - Secured party's rights on disposition of collateral and in proceeds.

409.316 - Effect of change in governing law.

409.317 - Interests that take priority over or take free of security interest or agricultural lien.

409.318 - No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

409.319 - Rights and title of consignee with respect to creditors and purchasers.

409.320 - Buyer of goods.

409.321 - Licensee of general intangible and lessee of goods in ordinary course of business.

409.322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

409.323 - Future advances.

409.324 - Priority of purchase-money security interests.

409.3245 - Priority of production-money security interests and agricultural liens.

409.325 - Priority of security interests in transferred collateral.

409.326 - Priority of security interests created by new debtor.

409.327 - Priority of security interests in deposit account.

409.328 - Priority of security interests in investment property.

409.329 - Priority of security interests in letter-of-credit right.

409.330 - Priority of purchaser of chattel paper or instrument.

409.331 - Priority of rights of purchasers of instruments, documents, and securities under other chapters; priority of interests in financial assets and security entitlements under ch. 408.

409.332 - Transfer of money; transfer of funds from deposit account.

409.333 - Priority of certain liens arising by operation of law.

409.334 - Priority of security interests in fixtures and crops.

409.335 - Accessions.

409.336 - Commingled goods.

409.337 - Priority of security interests in goods covered by certificate of title.

409.338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

409.339 - Priority subject to subordination.

409.340 - Effectiveness of right of recoupment or setoff against deposit account.

409.341 - Bank's rights and duties with respect to deposit account.

409.342 - Bank's right to refuse to enter into or disclose existence of control agreement.

409.401 - Alienability of debtor's rights.

409.402 - Secured party not obligated on contract of debtor or in tort.

409.403 - Agreement not to assert defenses against assignee.

409.404 - Rights acquired by assignee; claims and defenses against assignee.

409.405 - Modification of assigned contract.

409.406 - Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.

409.407 - Restrictions on creation or enforcement of security interest in leasehold interest or in leasor's residual interest.

409.408 - Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.

409.409 - Restrictions on assignment of letter-of-credit rights ineffective.

409.501 - Filing office.

409.502 - Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

409.503 - Name of debtor and secured party.

409.504 - Indication of collateral.

409.505 - Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

409.506 - Effect of errors or omissions.

409.507 - Effect of certain events on effectiveness of financing statement.

409.508 - Effectiveness of financing statement if new debtor becomes bound by security agreement.

409.509 - Persons entitled to file a record.

409.510 - Effectiveness of filed record.

409.511 - Secured party of record.

409.512 - Amendment of financing statement.

409.513 - Termination statement.

409.514 - Assignment of powers of secured party of record.

409.515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

409.516 - What constitutes filing; effectiveness of filing.

409.517 - Effect of indexing errors.

409.518 - Claim concerning inaccurate or wrongfully filed record.

409.519 - Numbering, maintaining, and indexing records; communicating information provided in records.

409.520 - Acceptance and refusal to accept record; social security numbers.

409.521 - Uniform form of written financing statement and amendment.

409.522 - Maintenance and destruction of records.

409.523 - Information from filing office; sale or license of records.

409.524 - Delay by filing office.

409.525 - Fees.

409.526 - Filing-office rules.

409.527 - Duty to report.

409.528 - Statewide lien system.

409.601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

409.602 - Waiver and variance of rights and duties.

409.603 - Agreement on standards concerning rights and duties.

409.604 - Procedure if security agreement covers real property or fixtures.

409.605 - Unknown debtor or secondary obligor.

409.606 - Time of default for agricultural lien.

409.607 - Collection and enforcement by secured party.

409.608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

409.609 - Secured party's right to take possession after default.

409.610 - Disposition of collateral after default.

409.611 - Notification before disposition of collateral.

409.612 - Timeliness of notification before disposition of collateral.

409.613 - Contents and form of notification before disposition of collateral: general.

409.614 - Contents and form of notification before disposition of collateral: consumer-goods transaction.

409.615 - Application of proceeds of disposition; liability for deficiency and right to surplus.

409.616 - Explanation of calculation of surplus or deficiency.

409.617 - Rights of transferee of collateral.

409.618 - Rights and duties of certain secondary obligors.

409.619 - Transfer of record or legal title.

409.620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

409.621 - Notification of proposal to accept collateral.

409.622 - Effect of acceptance of collateral.

409.623 - Right to redeem collateral.

409.624 - Waiver.

409.625 - Remedies for secured party's failure to comply with chapter.

409.626 - Action in which deficiency or surplus is in issue.

409.627 - Determination of whether conduct was commercially reasonable.

409.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.

409.702 - Savings clause.

409.703 - Security interest perfected before effective date.

409.704 - Security interest unperfected before effective date.

409.705 - Effectiveness of action taken before effective date.

409.706 - When initial financing statement suffices to continue effectiveness of financing statement.

409.707 - Amendment of preeffective-date financing statement.

409.708 - Persons entitled to file initial financing statement or continuation statement.

409.709 - Priority.

409.710 - Special transitional provision for maintaining and searching local filing office records.

409.802 - Savings clause.

409.803 - Security interest perfected before effective date.

409.804 - Security interest unperfected before effective date.

409.805 - Effectiveness of action taken before effective date.

409.806 - When initial financing statement suffices to continue effectiveness of financing statement.

409.807 - Amendment of preeffective-date financing statement.

409.808 - Persons entitled to file initial financing statement or continuation statement.

409.809 - Priority.