Don’t Get Caught by a Lien

January 5, 2013 10:41 AM

he following information is a Web Extra from the pages of Top Producer. It corresponds with the article "Watch Out for Liens." You can find the article in Top Producer’s January 2013 issue.


Updated States' Agricultural Lien Charts, National Agricultural Law Center

State statutory liens on agricultural products, equipment and production inputs are nonconsensual interests. The liens arise by operation of law, without the consent of the line debtor, when the specific requirements of the statutes creating the lien are met. These liens may be scattered throughout a state's code. Moreover, statutory provisions as to filing and priority of these liens may vary greatly among the states, and even within a single state. Priority conflicts between UCC security interests and statutory liens are compounded by the difficulty in discovering the existence of statutory liens on collateral property. Many liens statutes have no provisions for filing a lien statement, even when the lien is nonpossessory. Many states require filing only in a county or city office, rather than a centralized state office. These Statutory Agricultural Lien Charts compile and tabulate the main provisions of statutory agricultural liens in all fifty states. The compilation includes statutory liens that attach to agricultural products, including crops, fruits and vegetables, livestock, fish or timber, as well as liens that attach to farm equipment and production inputs.

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