TACIT HYPOTHECATION. In the civil law, a species of lien or mortgage which is created by operation of law […]
anyone can file a UCC-1 against anyone else. To protect both secured creditors and debtors, Article 9 has strict requirements that must be met for a filed UCC-1 to be effective. One of those requirements is that the financing statement must be authorized by the debtor. Even if that authorization is way of a non-response to an affidavit and/or notice, silent acquiescence, tacit agreement, and/or tacit procuration.