Tennessee § 47-9-515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

§ 47-9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.

Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f) and (g), a filed financing statement is effective for a period of five (5) years after the date of filing. Public-finance or manufactured-home transaction. Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thirty (30) years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction. Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value. When continuation statement may be filed. A continuation statement may be filed only within six (6) months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable. Effect of filing continuation statement. Except as otherwise provided in § 47-9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five (5) years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement. Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed. Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under § 47-9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property. Acts 2000, ch. 846, § 1; 2012, ch. 708, § 15. Amendments. The 2012 amendment, effective July 1, 2013, inserted “initial” in (f). Effective Dates. Acts 2012, ch. 708, § 22. July 1, 2013; provided, that, for the purpose of the secretary of state taking necessary actions for the implementation of the act, the act shall take effect April 11, 2012. Cross-References. Agricultural production input security interests, title 43, ch. 31. Transition provisions, title 47, ch. 9, part 7. Prior Tennessee Law: §§ 47-1014, 47-1803, 64-1216, 64-1218, 64-1220, 64-1803. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Commercial Law, §§ 98, 102. Law Reviews. 1996 Real Estate Legislation: What You Don't Know Can Hurt You (William R. Bruce), 32 No. 6 Tenn. B.J. 12 (1996). Revised UCC Article 9: An Overview and Comparison to Tennessee Law, 50 Tenn. L. Rev. 271 (1983). Attorney General Opinions. Authority of secretary of state to adjust the lapse date to June 30, 2006, on U.C.C. financing statements filed prior to July 1, 2001, that show effective dates after June 30, 2006, OAG 04-102 (7/02/04).