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Would a blanket filing statement covering “all equipment” include titled vehicles? – IBA Compliance Connection

Would a blanket filing statement covering “all equipment” include titled vehicles?

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We do not believe that your security interest in the debtor’s vehicles could be perfected by a UCC blanket financing statement. The general rule is that you must perfect a security interest with a financing statement (which can cover “all assets” or “all personal property” 810 ILCS 5/9-504(2)). 810 ILCS 5/9-310(a). However, a special rule states that financing statements are not effective to perfect a security interest in a vehicle and that instead, the Illinois Vehicle Code governs perfection (provided that the vehicle’s certificate of title is issued in Illinois). 810 ILCS 5/9-311(a)(2). Under the Vehicle Code, 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).