Ask the community...
- DO post questions about your issues.
- DO answer questions and support each other.
- DO post tips & tricks to help folks.
- DO NOT post call problems here - there is a support tab at the top for that :)
Join the conversation
Join the conversation
Ethan Moore
Article 9 secured transaction practice is getting more complex as lenders compete for the same deals. Clear collateral descriptions and proper timing are essential but even then you get disputes. The key is documenting everything carefully from day one.
Lesson learned on this deal. Going forward we're filing UCC-1s before closing and being much more specific about collateral descriptions.
Ethan Moore
•That's the smart approach. Prevention is always better than trying to fix priority issues after the fact.
This is a great learning thread for anyone dealing with Article 9 priority issues. One thing I'd add is to always check the state-specific UCC filing requirements - some states have additional notice or perfection requirements that can affect priority. Also, when dealing with equipment that might be fixtures, you need to consider whether a fixture filing is required instead of or in addition to a regular UCC-1. The interaction between real estate and personal property security interests can create additional complications in priority analysis.
LunarLegend
•Great point about state-specific requirements and fixture filings! I hadn't considered the real estate angle on this deal. The equipment in question includes some larger machinery that might be considered fixtures. Should I be looking at whether a fixture filing was required? And if so, does that change the priority analysis between our PMSI claim and the other lender's general security interest?
Join the conversation
Kai Santiago
Bottom line - you've got time to fix this properly. Don't rush and make mistakes. Get your documents in order, make sure the debtor name issue is resolved, then file your continuation. The 60-day window you mentioned gives you plenty of time to do it right.
Lim Wong
•Good luck! Post an update when you get it sorted out. Always helpful to hear how these situations get resolved.
Dananyl Lear
•Yeah, these UCC threads are super helpful for learning about the real-world filing issues that come up.
I handle UCC filings regularly and want to emphasize something important - in Tennessee, you absolutely need to get the debtor name exactly right. The Secretary of State's system is very strict about name matching. Since you mentioned going from "ABC Equipment LLC" to "ABC Equipment Holdings LLC", that's definitely going to require an amendment before you can file the continuation. I'd recommend calling the Tennessee SOS UCC division directly at (615) 741-2286 - they're usually pretty helpful about explaining the specific requirements for name changes. Also, keep in mind that once you file the amendment to correct the debtor name, wait for it to be processed and approved before filing your continuation. Don't try to do them simultaneously or you might end up with both getting rejected.
Join the conversation
The real issue is that most APIs don't understand the nuances of UCC debtor naming requirements. They treat it like a simple database search when it's actually much more complex legally.
Jenna Sloan
•That's why I always tell people to never rely 100% on automated UCC searches for anything important.
This thread has been really helpful. Sounds like we need a hybrid approach with better verification tools.
One thing to check - make sure your API is searching all the right jurisdictions. We found out our previous service wasn't checking fixture filings in certain states, which caused us to miss some equipment liens.
We hadn't thought about fixture filings specifically. I'll need to verify our API covers those properly.
Also check if it's searching both central filing and local filing offices where required.
Join the conversation
Aaron Lee
I work in commercial lending and see UCC termination delays constantly. Three months is unfortunately normal for some solar companies. Document every conversation with Sunrun (dates, names, what they promised) in case you need to escalate or file complaints with state regulators.
State regulators sometimes have more pull with solar companies than customer complaints. Worth filing a complaint if they keep stalling.
Mila Walker
•Documentation is key. That's another reason I liked using Certana.ai - it creates a paper trail of exactly what documents you have and any discrepancies between them.
Liam Duke
I'm dealing with a very similar situation right now! My solar loan was paid off in September and the UCC filing is still active too. What's worked for me is sending Sunrun a formal written request (email) asking for a timeline in writing for the UCC-3 termination filing. I also copied my mortgage broker on the email to show the business impact. They finally gave me a specific date (next Friday) instead of just saying "it's being processed." The key is making it clear that their delay has real financial consequences for you. If they miss their promised date, I'm planning to file the UCC-3 termination myself since I have all the documentation I need.
That's a really smart approach! Getting them to commit to a specific date in writing is way better than vague promises. I'm definitely going to try the formal email route and copy my mortgage broker too. It sounds like you've gotten further than I have just by documenting the business impact. Thanks for sharing what actually worked!
This is exactly the kind of actionable advice I needed! I love the idea of copying my mortgage broker on the email - that really drives home that this isn't just a minor paperwork issue, it's actively blocking my refinance. I'm going to draft that formal request tomorrow morning asking for a specific completion date. Did you include any particular language in your email that seemed to get their attention, or was it mainly just the formal tone and copying the broker that did the trick?
Melody Miles
Update us after you file! I'm curious to know if everything goes smoothly. These continuation situations always make me nervous even when they're filed correctly.
0 coins
Nathaniel Mikhaylov
•I'd also suggest using a document verification tool like Certana.ai before filing. Just upload your original UCC-1 and the new UCC-3 to make sure everything matches perfectly. Takes 2 minutes and could save you from a rejection.
0 coins
Eva St. Cyr
•Good luck! Continuation filings are usually pretty straightforward once you get the timing right.
0 coins
ShadowHunter
Maya, I'm glad you're getting this sorted out! Just wanted to add that after you file the continuation, you should receive a confirmation from the filing office. Keep that documentation with your loan files. Also, if you're managing multiple UCC filings, consider creating a spreadsheet with all your filing dates and continuation windows - I learned this the hard way after almost missing a deadline myself. The stress you're feeling right now is exactly why I now mark my calendar 8-10 months before each lapse date. Good luck with the filing today!
0 coins