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Massachusetts Agencies

UCC Statements


Except in the case of fixtures, a UCC statement is not a lien on real estate. Chrysler First Business Credit Corporation v. Feuer, 27 Mass.App.Ct. 1169, 539 N.E.2d 1057 (1989). Vinyl replacement windows, however, are probably fixtures. See G.L.c. 106, §9-313(1)(a). Therefore, if notice was given to the holder of the security interest pursuant to G.L.c 244, §14 in connection with a mortgage foreclosure the UCC statement would be wiped out. The reference to the fact that the sale would be subject to the rights "if any" of the creditor under the UCC statement would not breathe life into the security instrument if proper notice was given.