Don’t Forget Continuation Statements For Mortgages Acting As Financing Statements On As-Extracted Collateral And Timber To Be Cut

LexisNexis (October 3, 2018, 11:50 AM EDT) -- In the oil and gas industry, a lender will typically record a mortgage that describes both the mineral interests in the ground as well as those same interests “as extracted,” i.e., the mineral interests the moment they are removed from the ground at the wellhead or minehead. The “as extracted collateral” then becomes subject to Article 9 and its continuation statement requirements. The fact that the lender recorded a mortgage and not a UCC-1A financing statement does not excuse the lender from recording a continuation statement. The same holds true for timber to be cut....