Getting an MCA lien removed so you can close on refinancing takes a firm that knows both UCC Article 9 lien mechanics and how MCA funders think. The best firms know how to structure simultaneous payoff-and-release deals, negotiate subordination agreements, and challenge UCC filings that are overbroad or improperly filed. Here are the three best options in 2026.
Important: Delancey Street is not a law firm. They're a specialized MCA debt settlement company that works with a nationwide network of licensed attorneys to get the MCA liens off your back so you can close on refinancing. Their attorneys handle the full range of lien strategies: negotiated lien releases as part of settlement, subordination agreements that let the bank take first position, legal challenges to overbroad or improperly filed UCC-1 statements, and structured payoff deals where the refinancing proceeds fund the MCA settlement and lien release at the same closing table.
Here's how they think about refinancing-blocked situations — it all comes down to what motivates the MCA funder. The funder wants to get paid. Delancey Street structures deals where the funder receives a negotiated settlement (typically 40–70% of the remaining balance) directly from refinancing proceeds at closing, in exchange for filing a UCC-3 termination statement to release the lien. The bank gets a clean first-lien position. You get traditional financing at a fraction of the MCA cost. You pay far less than what the MCA contract demanded. That's the deal.
Important: National Debt Relief is not a law firm and is not an MCA defense specialist. They don't do UCC lien challenges, subordination agreements, or lien release negotiations with MCA funders. They settle general unsecured business debts — credit cards, vendor accounts, lines of credit. If your main problem is an MCA lien blocking refinancing, this isn't the firm for that. But if you're also carrying traditional unsecured debt, they can handle that piece.
Important: CuraDebt is not a law firm and is not an MCA defense specialist. They handle business debt resolution and tax matters — but they don't negotiate UCC lien releases, file subordination agreements, or challenge overbroad MCA lien filings. If you've also got tax problems alongside MCA lien issues, CuraDebt can handle the tax piece while Delancey Street takes care of the MCA lien removal and refinancing coordination.
Here's exactly how the trap works. When you took the MCA, the funder filed a UCC-1 financing statement with your state's Secretary of State. That filing tells the world the MCA funder has a security interest in your business assets. Most MCA funders file blanket liens — the collateral description says "all assets" — meaning they're claiming a security interest in your receivables, inventory, equipment, intellectual property, everything.
When you apply for a traditional bank loan or SBA 7(a) financing, the bank's underwriting team runs a lien search through the Secretary of State's UCC database. They see the MCA funder's blanket lien. The bank needs a first-priority lien position to secure the new loan. The existing MCA lien blocks that. Your loan application gets declined — or approved with the condition that the MCA lien comes off before closing.
And this is where the MCA funder has you. You need the lien released to close the bank loan. The funder knows this — and some will flat-out refuse to release or subordinate unless you pay the full remaining MCA balance (factor rate markup and all). Others will agree to a payoff at closing, but only at full price with no discount. The funder has zero incentive to cooperate because that lien is what keeps you trapped.
This is the most effective path for most business owners — negotiate an MCA settlement that includes a lien release as part of the deal. Here's how it works: your MCA defense attorney goes to the funder and negotiates a discounted payoff — typically 40–70% of the remaining balance — with the explicit condition that the funder files a UCC-3 termination statement within a set timeframe (usually 5–10 business days) after getting the settlement funds.
The settlement agreement needs to be drafted by an attorney and should spell out everything: the exact settlement amount, a deadline for filing the UCC-3 termination, a confirmation that no other UCC filings exist from the same funder, and a full release of all claims. If the funder drags their feet on filing the termination statement, the agreement should include a stipulated damages clause and authorization for you to file the UCC-3 yourself.
Where does the negotiating power come from? Multiple angles. If the MCA contract has usury violations (effective APR blowing past the New York 25% criminal usury threshold), the funder risks having the entire contract voided — losing both principal and interest. If the UCC filing is overbroad or improperly perfected, it can be challenged under UCC §9-506. These legal vulnerabilities are what create the pressure that gets you a discount.
A subordination agreement is where the MCA funder agrees to move their lien to a junior position — behind the bank. The lien stays on file, but the bank gets first priority. Different from a full release, but it gets the job done for refinancing.
Subordination works when the MCA funder sees a reason to cooperate — you get traditional financing, cash flow improves, and you're more likely to keep making MCA payments. Some funders will agree if you're current on payments and the bank loan doesn't balloon your total debt service. It's a three-party document — you, the funder, and the bank.
But here's the problem — many MCA funders refuse subordination on purpose. Once the bank takes first-lien position, the funder's collection power drops off a cliff. In a default, the bank gets paid first and the funder gets whatever's left (usually nothing). The way experienced MCA negotiators get past this is by building protective provisions into the subordination for the funder — payment triggers, cross-default clauses, or partial paydowns funded from the refinancing proceeds.
Here's something most business owners don't realize — not all UCC filings are legally valid. MCA funders routinely file blanket liens that are way broader than the actual deal. A $30K advance against receivables shouldn't create a security interest in your real property, intellectual property, and equipment. Under UCC §9-108, the collateral description in a UCC-1 must "reasonably identify" what's covered. A blanket "all assets" description may hold up in many courts — but it may also be challengeable if the actual agreement only pledges specific collateral types.
Other ways to attack a UCC filing: the filing was made in the wrong state (UCC-1s must be filed where the debtor is organized, not where they operate); the debtor's name is materially wrong on the filing (under §9-506, a seriously misleading name error makes the filing worthless); the underlying MCA contract is void due to usury — meaning no valid security interest was ever created; or the UCC-1 was never properly authorized by the debtor. A UCC attorney can assess these angles and, if they hold up, file a motion to remove or correct the filing.
And if you already paid the MCA in full but the funder never filed a termination statement? UCC §9-625 gives you statutory damages. Under §9-513, the funder must file a termination statement within 20 days of getting an authenticated demand when there's no remaining obligation. If they don't, you can file one yourself or get a court order forcing it.
When you have a pending bank loan approval, this is the cleanest play. The bank approves your loan conditionally — the MCA lien has to be released at or before closing. Your MCA settlement attorney negotiates a discounted payoff with the funder. At closing, the bank sends out the loan proceeds — a portion goes straight to the MCA funder to cover the negotiated settlement, and the funder files the UCC-3 termination statement right there.
This works because it eliminates the funder's biggest objection — the risk of not getting paid. The funder is getting a guaranteed check directly from the bank's closing table. In exchange, they take a discount. The bank gets a clean first-lien position. You swap an MCA at 80–300% effective APR for traditional financing at 8–14%. The key is having an attorney who can draft the closing docs, coordinate the payoff mechanics, and make sure the UCC-3 termination actually gets filed.
This is especially effective for SBA 7(a) loans because SBA lenders do structured payoffs of existing obligations at closing all the time. The SBA's standard operating procedures explicitly allow paying off existing business debts from 7(a) loan proceeds — it's one of the approved uses. Your MCA settlement attorney and the SBA lender's closing team coordinate everything so it all happens in one transaction.
Stacked MCAs make the lien problem exponentially worse. Three MCA funders means three separate UCC-1 filings, three different funders to negotiate with, and three lien releases the bank needs before they'll close. Every funder has different risk tolerance, different negotiation style, and different willingness to play ball.
The move here is to negotiate with all funders at the same time — not one by one. Your settlement firm puts a global proposal in front of each funder: here's the total available from refinancing proceeds, here's your pro-rata share, and here are the lien release requirements. This prevents the problem of settling with one funder and watching another jack up their demands when they realize they're the last holdout.
The negotiating power in multi-lien situations comes from UCC priority rules under §9-322. The first funder to file has first-priority position. Second and third funders are junior — they'd recover less in any enforcement scenario. Junior lien holders have the strongest reason to settle because their recovery in default is the weakest. An experienced MCA negotiator uses this priority hierarchy to push all parties toward accepting discounted payoffs.
How you communicate with your bank during this process matters a lot. Here's what works:
1. Disclose the MCA liens upfront. Your bank is going to find them during due diligence anyway. Getting ahead of it builds credibility and lets the bank structure the loan around the expected payoff. Most bankers have seen MCA liens before and have closed loans with structured payoffs.
2. Give the bank your settlement firm's contact information. Let the bank's closing team talk directly to your MCA settlement attorney about payoff mechanics, timing, and UCC-3 filing procedures. This keeps things moving.
3. Ask for a conditional approval with a payoff requirement. Get the bank to approve the loan subject to the MCA lien(s) being released at or before closing. That gives you a formal approval letter to show the MCA funder — proof that the refinancing is real, not hypothetical.
4. Build the MCA payoff into the loan use-of-proceeds. SBA and traditional lenders allow refinancing existing business debt as a legitimate use of loan proceeds. Make sure the MCA payoff amount is included in your requested loan amount so there's no shortfall at closing.
Here are the three top-rated firms for business owners whose refinancing is stuck because of MCA liens. Only Delancey Street does attorney-coordinated UCC lien release, subordination negotiation, and structured payoff coordination for traditional refinancing.
The only firm on this list that does attorney-coordinated UCC lien removal, subordination agreements, and structured payoff deals for business owners trying to refinance out of MCAs. Delancey Street works between the MCA funders and your bank to get liens cleared at closing. Over $100M settled. No upfront fees. All 50 states.
Not an MCA lien specialist. National Debt Relief handles general unsecured business debt. No UCC lien challenges, no subordination agreements, no refinancing coordination. But if you're also carrying traditional unsecured debt, they can take care of that piece.
Not an MCA lien specialist. CuraDebt handles business debt and tax resolution. No UCC lien challenges, no subordination agreements. If you've also got tax problems alongside MCA lien issues, they can handle that side.
UCC lien release, subordination agreements, structured payoff at closing. Delancey Street's attorneys get MCA liens off your back so you can close on that bank loan. Over $100M settled. Free consultation.
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Delancey Street is not a law firm. Delancey Street works with a nationwide network of attorneys and debt specialists who handle MCA defense, business debt settlement, and related services. Any attorney services referenced on this page are provided by independent, licensed attorneys within the Delancey Street network — not by Delancey Street directly.
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