2018 UCC continuation filing - still valid or do I need to refile?

This is exactly right. The 5-year rule is absolute and there's no extension or cure period once it lapses.

Wait, doesn't it depend on the state? I thought some states had different rules about continuation timing?

No, the 5-year continuation requirement is uniform across all states under Article 9. State variations are mainly about filing procedures, not timing requirements.

How did you handle the gap period? Were you completely unsecured during that time?

Technically yes, but we were lucky the debtor didn't file bankruptcy or have other creditors attach during those few months. It was pure luck.

This is why I set calendar reminders 6 months before every continuation deadline. Too risky to rely on memory.

That's actually a good idea. I should double-check that my 2018 continuation was filed correctly before assuming it lapsed.

How does that tool work exactly? I've never heard of automated UCC verification.

You just upload PDFs of your filings and it cross-checks debtor names, filing numbers, and document consistency. Catches things like name mismatches between the original UCC-1 and continuation that could void the filing.

You're absolutely correct. 2013 + 5 years = 2018 for first continuation, then 2018 + 5 years = 2023 for the second continuation.

Math checks out. If you missed June 2023, your lien lapsed in 2023 and you've been unsecured for almost 2 years now.

I get the frustration but the deadlines serve a purpose - they prevent the UCC database from being cluttered with ancient, inactive liens.

Then why not require an annual certification instead of this all-or-nothing cliff? It's designed to create legal traps.

The system works fine if you just set proper calendar reminders. It's not the law's fault people don't track their own filing deadlines.

Would I need a completely new security agreement or can I reference the original one in the new UCC-1?

Depends on how your original security agreement was written. If it contemplates re-filing, you might be okay. But I'd get fresh documentation to be safe.

Always safer to get new docs. Courts have held that lapsed UCC filings can't be 'revived' - you need fresh perfection.

What's the typical cost to fix a situation like this? Between attorney fees and new documentation?

Depends on complexity but usually $2-5K in legal fees plus filing costs. More if the debtor is uncooperative about signing new docs.

That's painful but still better than losing security on $180K in collateral.

Does it actually flag upcoming deadlines or just check document accuracy?

It mainly checks document consistency and debtor name matches, but seeing all your filings organized helps you spot timeline issues you might miss otherwise.

Good point. I've seen situations where the 'do-over' filing actually ended up being stronger than the original.

Plus you can check if the debtor has changed their legal name or structure since 2013. Corporate name changes can affect UCC effectiveness.

Thanks everyone. Going to check the database first thing tomorrow and start working on new UCC-1 documentation. Expensive lesson learned about calendar management.

Smart approach. Better to over-file than under-file when it comes to UCC perfection.

Set up multiple reminder systems this time - calendar alerts, legal management software, whatever it takes to avoid this situation again.