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If we have a blanket lien in place, but a borrower purchases new vehicles, do we need to amend the financing statements to reflect our liens on the vehicles? – IBA Compliance Connection

IBA Compliance Connection

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If we have a blanket lien in place, but a borrower purchases new vehicles, do we need to amend the financing statements to reflect our liens on the vehicles?

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We believe that if a security agreement includes a collateral category that would include the vehicle, it would not be necessary to specifically list the vehicle in the security agreement. First, we note that vehicles covered by a certificate of title must be perfected under the Illinois Vehicle Code; they are not perfected by financing statements. 810 ILCS 5/9-303(c). The Vehicle Code states that a security interest in a vehicle is perfected by “delivery to the Secretary of State of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the required fee.”  625 ILCS 5/3-202(b). However, in order to first attach the security interest, the security agreement must describe the collateral it covers by specific listing, category, type, quantity, formula, or any other similar method of identification. 810 ILCS 5/9-108(b).