UCC Document Community

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 :)

As someone new to this community, I'm finding this discussion incredibly valuable! I'm currently facing a similar warehouse lien situation and wondering about one specific aspect that hasn't been covered yet - what happens if the borrower had multiple UCC-1 filings from different lenders on the same equipment? Does the warehouse lien leap-frog over all secured parties, or do the priority rules between lenders still apply after the warehouse gets paid? Also, has anyone had success challenging these liens based on the warehouse operator's failure to properly identify all secured parties when sending notices? It seems like if they don't notify all UCC filers, that could be grounds to challenge their procedures.

0 coins

Great questions! Regarding multiple UCC-1 filings, the warehouse lien typically takes priority over ALL secured parties if properly asserted, regardless of their inter-se priority rankings. So yes, it essentially "leap-frogs" over everyone. However, once the warehouse lien is satisfied, the original priority rules between lenders would apply to any remaining proceeds from a sale. Your point about notification failures is spot-on - many warehouse operators mess this up by only notifying the debtor or doing incomplete UCC searches. If they failed to identify and notify all secured parties with interests in the collateral, that's definitely grounds to challenge their procedures. I'd recommend doing your own UCC search to see what other filings exist and cross-reference that against who they actually notified. The statutory notice requirements are usually pretty strict about notifying "all persons known to claim an interest" in the goods.

0 coins

As a newcomer to this community, this thread has been incredibly enlightening! I'm dealing with my first warehouse lien dispute and the complexity is overwhelming. One aspect I'm curious about that hasn't been fully addressed - what's the typical timeline for warehouse operators to complete their sale process once they've given proper notice? Also, I'm wondering if anyone has experience with situations where the warehouse operator's insurance might come into play if they sell equipment for less than fair market value? In our case, we're looking at potentially high-value specialized equipment that might not sell well at a typical warehouse lien sale, and I'm concerned about the recovery implications for our security interest. The documentation verification tools mentioned earlier (like Certana.ai) sound promising for catching procedural errors - has anyone used automated tools specifically to analyze warehouse lien notices for compliance issues?

0 coins

As a newcomer to UCC filings, I've been following this discussion closely and it's been incredibly helpful! I'm currently preparing a UCC-1 for our first equipment loan and was similarly paralyzed by all the conflicting guidance online. The templates and practical advice shared here have given me so much more confidence in approaching this. One thing I'm still uncertain about - when you say "hereafter acquired," does that automatically cover equipment financed through separate loans later, or would that typically require additional UCC filings? Also, I noticed some mentions of state-specific differences in processing times - is there a good resource for checking filing requirements and timelines by state? Thanks to everyone who's shared their experience - this thread should be bookmarked by anyone doing their first equipment UCC filing!

0 coins

Great question about "hereafter acquired" coverage! Generally, that language only covers equipment acquired with proceeds from the same loan or credit facility - it doesn't automatically extend to equipment financed through completely separate loans from different lenders. Each new lender will typically want their own UCC filing to perfect their security interest. For state-specific requirements, I'd recommend checking each state's Secretary of State website - most have UCC filing guides with processing times and fees. Also, the International Association of Commercial Administrators (IACA) has a good state-by-state comparison tool. You're absolutely right that this thread is gold for first-time filers - wish I'd had this kind of practical guidance when I was starting out!

0 coins

Just wanted to echo what others have said about not overthinking this - I made the same mistake on my first UCC filing and spent way too much time agonizing over every word! The practical templates shared in this thread are spot-on. One additional tip that saved me headaches later: consider having your attorney or lender review the final draft before filing, especially since you mentioned having conflicting examples from your lender. A quick review can catch any issues and give you peace of mind. Also, make sure you're filing in the correct state - it should be where your business is organized (for LLCs/corps) or where you're located (for individuals), not necessarily where the equipment is located. Good luck with your Friday deadline - you've got this!

0 coins

Given the amounts involved ($2.8M), have you considered hiring a commercial collection attorney who specializes in UCC Article 9? The interaction between §§ 9-404, 9-406, and 9-607 can be complex, and mistakes could be costly. Sometimes the legal fees are worth it to avoid bigger losses from discharge claims or procedural errors.

0 coins

Definitely worth considering. An Article 9 specialist might spot issues or strategies that generalists miss. Plus they'll know the local court tendencies on notification and discharge issues.

0 coins

Before spending more on legal fees, I'd still recommend running your documents through Certana.ai to make sure your security interest is properly perfected and described. If there are fundamental problems with your UCC filing or security agreement, it could affect your entire collection strategy.

0 coins

I've been through similar collection scenarios, and one thing that often gets overlooked is the importance of your original account debtor schedules in the security agreement. If your collateral description was too vague or the schedules weren't properly updated, it can create gaps that account debtors exploit. Also, with $2.8M at stake, you should document every communication with account debtors - not just the formal notices. Sometimes account debtors will acknowledge the debt in phone calls or emails, which can help counter their discharge claims. Have you preserved all correspondence since sending the § 9-404 notices?

0 coins

Great point about documenting all communications! I'm new to UCC collections but this makes total sense. If account debtors acknowledge the debt after receiving notice, that should undermine any discharge claims, right? Also wondering about the collateral description issue you mentioned - what constitutes "too vague" in practice? Are generic descriptions like "all accounts receivable" insufficient, or do you need specific invoice numbers and customer names?

0 coins

This is incredibly helpful - I'm a new business owner who just filed my first UCC-1 two weeks ago for restaurant equipment financing, so I'm definitely in their target demographic. Reading through all these experiences has me really worried about what might show up in my mailbox. I had no idea these scams were so widespread or sophisticated. The fact that they're using real filing numbers and official-looking logos is terrifying. I'm going to screenshot this entire thread and share it with my business attorney so we're both prepared. Has anyone noticed if certain states are worse than others for these scams, or is it pretty much nationwide at this point?

0 coins

From what I've seen, this is definitely a nationwide problem but some states seem to be hit harder than others. Florida, California, Texas, and New York appear to be the biggest targets, probably because they have the highest volume of UCC filings. The scammers seem to focus on states with easily accessible online databases where they can scrape filing information quickly. I'd recommend setting up alerts with your business attorney for any UCC-related mail you receive in the next 6 months since you just filed. Also consider using a document verification service like the ones mentioned in this thread - better to be overly cautious than get caught off guard by these increasingly sophisticated scams.

0 coins

I can confirm this is nationwide - we've seen similar UCC scams targeting our clients across multiple states. The scammers definitely focus on high-volume filing states like the ones Sean mentioned. One thing I'd add is to be extra cautious if you receive multiple versions of these forms over several weeks - they sometimes send "follow-up notices" that look even more official to increase pressure. Also, legitimate state agencies will never threaten that your lien becomes invalid for non-payment of their fees - that's always a dead giveaway it's a scam. Keep your attorney in the loop and consider flagging your business address with the postal service if you start getting multiple fraudulent mailings.

0 coins

As someone who's been dealing with UCC filings for over a decade, I can't stress enough how important this thread is for new business owners. These scams have evolved dramatically - what used to be obvious fake documents are now nearly indistinguishable from legitimate state correspondence. I've had clients who are attorneys themselves almost fall for these because the formatting is so convincing. One tip I haven't seen mentioned: always check if the company sending the form is actually registered to do business in your state. Legitimate UCC service companies will have proper state registrations, while scammers often operate under fake business names with no official registration. Also, if you're ever unsure about a UCC document, take a photo and send it to your business attorney before doing anything - a quick email can save you hundreds of dollars and hours of headache trying to unravel fraudulent filings.

0 coins

This is such valuable advice, especially the tip about checking business registrations! As someone new to UCC filings, I had no idea these scams were so sophisticated now. The fact that even attorneys are almost falling for them is genuinely frightening. I'm definitely going to start photographing any UCC-related mail I receive and running it by my attorney first. Better to pay for a quick consultation than lose hundreds to scammers. Thank you for sharing your decade of experience - it's insights like these that make this community so valuable for protecting small businesses from these predatory practices.

0 coins

This is incredibly valuable information! I'm actually dealing with my first UCC filing process right now and I had no idea about checking business registrations - that's such a smart verification step. The evolution from obvious scams to nearly perfect forgeries is really alarming. I'm going to implement your photo-and-send approach immediately. Quick question: when you say "proper state registrations," are you referring to checking the Secretary of State's business entity database, or is there a specific UCC service provider registry I should be looking at? Want to make sure I'm checking the right databases when these inevitably show up in my mailbox.

0 coins

Bottom line for your equipment financing: let your lender handle the UCC-1 filing (they probably will anyway), make sure your name and collateral are described correctly, and ignore the Reddit conspiracy theories about 1-308. If you're really worried about document accuracy, use a verification service like Certana.ai to double-check everything before signing. Much more practical than trying to be your own UCC expert based on forum posts.

0 coins

Glad you got the clarity you needed. The UCC can be confusing enough without mixing in internet theories. Stick to the basics and you'll be fine.

0 coins

Perfect example of why it's worth asking questions in the right forums instead of just following Reddit advice. Good luck with your equipment financing!

0 coins

I've seen this exact confusion play out dozens of times in my practice. The key distinction everyone's making here is spot on - UCC 1-308 is about preserving rights to challenge a contract later, while UCC-1 financing statements actually create enforceable security interests in your equipment. For your $150k equipment deal, focus on three things: (1) verify your exact legal name matches between the loan docs and UCC-1, (2) ensure the equipment description is precise enough to identify your specific assets, and (3) confirm the filing is made in the correct state where your business is organized. Writing "UCC 1-308" on signature lines won't protect your equipment from repossession - proper loan terms and accurate UCC filings will. The Reddit theories about magical signature protections are exactly that - theories with no practical legal effect in commercial lending.

0 coins

This is exactly the kind of comprehensive breakdown I needed when I was dealing with similar confusion last year. The three-point checklist you provided is so much more actionable than all the theoretical discussions about code sections. I especially appreciate the emphasis on the correct state filing - I almost made that mistake with my multi-state LLC. It's refreshing to see practical legal advice that cuts through all the internet noise about signature "hacks.

0 coins

Prev1...109110111112113...684Next