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Just a general question that hopefully Des or another attorney can answer but, wouldn't this violate the UCC. I know some states have there own version but in general isn't there a short time limit {15 days?} for a lender to file the necessary documents to perfect their lein?
Most states, maybe even all, have specific laws relating to mortgages or deeds of trust. My state, as far as I know, does not have a time limit for the recording of a mortgage or deed of trust (as opposed to the 20 days a lender has to perfect a lien on a vehicle). In OP's case the post petition "perfection" of a lien for an obligation that is not enforceable seems to be the issue.
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