The Short Answer

In Florida, a UCC fixture filing recorded in the county land records is typically cleared by filing a UCC termination statement (or obtaining a recorded release) from the secured party once the secured obligation has been satisfied or is otherwise no longer enforceable. If the lender/secured party will not cooperate, the issue can quickly become a probate-and-title problem that may require attorney involvement to avoid a delayed sale, refinance, or distribution.

What Florida Law Says

A fixture filing is a type of UCC financing statement recorded in the county where the real property is located, putting the public on notice that a creditor claims a security interest in goods that are (or will become) fixtures attached to the real estate. When the debt is paid off (or the secured party no longer has a valid secured claim), Florida’s UCC provides a mechanism to terminate the filing so it no longer clouds title.

The Statute

The primary law governing this issue is Fla. Stat. § 679.513.

This statute establishes that, in certain situations, a secured party must provide or file a termination statement after receiving a signed demand and when there is no remaining secured obligation (and, once filed, the financing statement ceases to be effective).

Also, Florida specifies that fixture filings are generally recorded with the clerk of the circuit court in the county where the property is located. See Fla. Stat. § 679.5011.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when the property was inherited and the original borrower is deceased. Legal outcomes often depend on:

• Strict Deadlines: Under Fla. Stat. § 679.513, the secured party’s timing obligations can be triggered by a signed demand and by whether the collateral is treated as consumer goods versus other collateral.
• Burden of Proof: If the lender claims the loan is not paid, or that the fixture filing covers additional collateral, you may need documentation showing payoff/satisfaction, chain of title, and authority to act for the estate (or for the current owner).
• Exceptions and Probate Overlay: Inherited property often involves probate authority (who can sign, who can demand termination, and whether the estate or devisee is responsible for an encumbrance). For example, Florida addresses responsibility for encumbered devised property in Fla. Stat. § 733.803.

Trying to handle this alone can lead to a lingering “cloud” in the official records that can derail a closing or refinance. An attorney can evaluate whether the secured party is legally obligated to terminate, whether probate authority is needed (or already exists), and what legal options are available if the secured party refuses to cooperate.

If you’re dealing with liens and title issues in an estate context, you may also find this helpful: How Do I Confirm Whether a Lien Will Affect an Estate Home Sale Before Closing in Florida?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.