Fraudulent Filing Remedies
Pre-Filing Remedy
Starting August 1, 2022, under new legislation, Office of Secretary of State staff can reject filings identified as fraudulent at the time of filing
When the office reasonably believes the record was communicated or caused to be communicated with the intent to harass or defraud the person identified as the debtor, or for another unlawful purpose, the filing will be rejected. The office shall communicate to the person that presented the record the fact of, and reason for, the refusal and the date and time the record would have been filed had the filing office accepted it. The secretary of state is not required to return an image of a filing rejected under MN Statute 336.9-516 (8)
Post-Filing Remedies (AFW)
Are you identified as a debtor in a fraudulent filing? Beginning August 1, 2022, an administrative process is available for the review and removal of wrongfully filed financing statements.
Persons identified as the debtors in a financing statement who believe the financing statement was not authorized to be filed and was communicated or caused to be communicated to the Office of the Secretary of State with the intent to harass or defraud, may submit a notarized Uniform Commercial Code - Affidavit of Wrongful Filing (AFW) to the Office of Secretary of State.
Office of Secretary of State staff will review your claim. If your claim is substantiated*, a Termination Statement by Filing Office will be filed with an effective date 20 days after the date of filing. There is no fee for filing the AFW or the termination statement by filing office. *The office may reject an affidavit that is incomplete or that the office believes was delivered with the intent to harass or defraud the secured party.
Submit your notarized Affidavit of Wrongful Filing to:
Minnesota Secretary of State - Uniform Commercial Code
First National Bank Building
332 Minnesota Street, Suite N201
Saint Paul, MN 55101
The secured party of record will be sent a Notice of Termination Statement by certified mail to the address of record and a copy by email if an email address was provided.
Before the termination statement takes effect, the secured party may provide documentation to substantiate the filing and request that the filing office conduct an administrative review. As a result of the review, the filing office may remove from the record the termination statement filed by it before it takes effect.
All UCC filing requirements are governed by state statute.
The statutes can be found at the Office of the Revisor of Statutes website.
For specific requirements: