Unauthorized UCC filings

AN ACT Relating to termination of unauthorized Uniform Commercial 1
Code filings; amending RCW 62A.9A-509 and 62A.9A-522; adding a new 2
section to Article 62A.9A RCW; and providing an effective date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to Article 62A.9A 5
RCW to read as follows: 6
Administrative termination statement upon debtor affidavit. (a) A 7
person identified as a debtor in a financing statement filed with the 8
filing office may deliver to the filing office a sworn affidavit 9
requesting termination of financing statement, in a form prescribed 10
by the filing office, stating that: 11
(1) The financing statement was not authorized by the debtor in a 12
signed record or an authenticated security agreement; and13
(2) The financing statement does not reflect a mutually 14
understood grant of security interest in the named collateral.15
(b) The affidavit must: 16
(1) Identify the financing statement by file number;17
(2) Provide the name and mailing address of the debtor and each 18
secured party of record; 19
(3) Be notarized and signed under penalty of perjury; and20
(4) Include any additional information required by rule.21
Z-0448.2
HOUSE BILL 2256
State of Washington 69th Legislature 2026 Regular Session
By Representative Ryu; by request of Department of Licensing
Prefiled 01/05/26. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
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(c)(1) Upon receipt of an affidavit that meets the requirements 1
of this section, the filing office shall send written notice of the 2
administrative termination to each secured party of record for the 3
financing statement, at the address provided in the record.4
(2) Thirty days after mailing the notice of administrative 5
termination, the filing office may file the administrative 6
termination statement subject to the requirements of this Article.7
(3) Such proceedings and any appeal therefrom shall be taken in 8
accordance with the administrative procedure act, chapter 34.05 RCW.9
(d) An administrative termination statement filed by the filing 10
office under this section becomes effective on the date it is filed.11
(e) The department of licensing may adopt rules to implement this 12
section. 13
(f) The remedy provided in this section is in addition to, and 14
does not limit, the rights and remedies available under RCW 15
62A.9A-513 or 62A.9A-518. 16
Sec. 2. RCW 62A.9A-509 and 2023 c 266 s 936 are each amended to 17
read as follows: 18
(a) Person entitled to file record. A person may file an initial 19
financing statement, amendment that adds collateral covered by a 20
financing statement, or amendment that adds a debtor to a financing 21
statement only if: 22
(1) The debtor authorizes the filing in a signed record or 23
pursuant to subsection (b) or (c) of this section; or24
(2) The person holds an agricultural lien that has become 25
effective at the time of filing and the financing statement covers 26
only collateral in which the person holds an agricultural lien.27
(b) Security agreement as authorization. By signing or becoming 28
bound as debtor by a security agreement, a debtor or new debtor 29
authorizes the filing of an initial financing statement, and an 30
amendment, covering: 31
(1) The collateral described in the security agreement; and32
(2) Property that becomes collateral under RCW 62A.9A-315(a)(2), 33
whether or not the security agreement expressly covers proceeds.34
(c) Acquisition of collateral as authorization. By acquiring 35
collateral in which a security interest or agricultural lien 36
continues under RCW 62A.9A-315(a)(1), a debtor authorizes the filing 37
of an initial financing statement, and an amendment, covering the 38
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collateral and property that becomes collateral under RCW 1
62A.9A-315(a)(2). 2
(d) Person entitled to file certain amendments. A person may file 3
an amendment other than an amendment that adds collateral covered by 4
a financing statement or an amendment that adds a debtor to a 5
financing statement only if: 6
(1) The secured party of record authorizes the filing; or7
(2) The amendment is a termination statement for a financing 8
statement as to which the secured party of record has failed to file 9
or send a termination statement as required by RCW 62A.9A-513 (a) or 10
(c), the debtor authorizes the filing, and the termination statement 11
indicates that the debtor authorized it to be filed.12
(e) Multiple secured parties of record. If there is more than one 13
secured party of record for a financing statement, each secured party 14
of record may authorize the filing of an amendment under subsection 15
(d) of this section. 16
(f) Filing office to file administrative termination. The filing 17
office may file an administrative termination statement upon receipt 18
of a complete and sworn affidavit requesting termination from a named 19
debtor and upon the expiration of 30 days after providing notice to 20
each secured party of an administrative termination statement 21
affidavit under section 1 of this act.22
Sec. 3. RCW 62A.9A-522 and 2000 c 250 s 9A-522 are each amended 23
to read as follows: 24
(a) Post-lapse maintenance and retrieval of information. ((The)) 25
Except as provided in subsection (b) of this section, the filing 26
office shall maintain a record of the information provided in a filed 27
financing statement for at least one year after the effectiveness of 28
the financing statement has lapsed under RCW 62A.9A-515 with respect 29
to all secured parties of record. The record must be retrievable by 30
using the name of the debtor and by using the file number assigned to 31
the initial financing statement to which the record relates.32
(b) Administrative termination statement removal. Notwithstanding 33
any other provision of this section, when the filing office files an 34
administrative termination statement pursuant to section 1 of this 35
act such termination is not subject to the one-year period for lapse 36
or removal under subsection (a) of this section, and the filing 37
office may remove the financing statement after 60 days from the 38
administrative termination filing date.39
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(c) Destruction of written records. Except to the extent that a 1
statute governing disposition of public records provides otherwise, 2
the filing office immediately may destroy any written record 3
evidencing a financing statement. However, if the filing office 4
destroys a written record, it shall maintain another record of the 5
financing statement which complies with subsection s (a) and (b) of 6
this section. 7
NEW SECTION. Sec. 4. This act takes effect September 1, 2026.8
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