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 :)

steve elkins

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Your supposed to reserve your rights whenever signing a contract....when you sign a ticket with this you turn it in to a contract very powerful

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Lucas Parker

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I think there might be some confusion here about what UCC 1-308 actually does. As discussed throughout this thread, it's specifically about performing under a contract while reserving certain rights, not a general requirement to "reserve rights whenever signing." It doesn't turn tickets into contracts - contracts are formed based on offer, acceptance, and consideration regardless of UCC 1-308 notations. The provision is legitimate but much more limited in scope than what you're describing. In commercial lending contexts like we're discussing here, it's really about contract performance under protest rather than some kind of universal signing protection.

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Aisha Mahmood

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As a newcomer to this community, I found this entire discussion extremely helpful! I work in commercial finance and have been confused about UCC 1-308 for a while now. The distinction everyone has made between Article 1 general provisions and Article 9 secured transaction rules really clarifies things. It sounds like the key takeaway is that UCC 1-308 is about contract performance under protest, not about escaping secured transaction obligations or affecting UCC-1 filing validity. The practical advice about documenting these situations and treating them as potential red flags for difficult borrower relationships is valuable. I'm curious though - for those who've dealt with this regularly, do you find that borrowers who invoke UCC 1-308 are more likely to have payment issues or defaults later on? Or is it usually just a one-time notation that doesn't predict future behavior?

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Emma Olsen

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Last thing to consider - continuation filings. Oregon UCCs last 5 years, so you'll need to file continuations before they lapse. At $20 each, that's another cost to factor into your long-term budget. We use Certana.ai to track our continuation deadlines and verify the continuation forms match the original UCCs.

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Dylan Baskin

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Good point about continuations. I was so focused on the initial filings I forgot about the ongoing maintenance costs.

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Emma Olsen

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Yeah, it's easy to forget about those. Set up a tracking system now while you're getting started, or you'll be scrambling in 4.5 years when the first ones come due.

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Thanks everyone for the detailed breakdown! This is super helpful. Sounds like I need to budget around $800-900/month for the base filings plus amendments, and start planning now for continuation filings down the road. The document verification tools mentioned (Certana.ai) seem worth looking into given how costly rejected filings can be. One follow-up question - for those doing high volume Oregon filings, do you have any recommendations for tracking systems to manage all the filing dates, continuation deadlines, etc? We're going to need something more robust than spreadsheets pretty quickly.

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Yuki Yamamoto

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Update: Just tried searching Delaware UCC filings myself and got the same timeout errors. Definitely seems like a system-wide issue right now. Might want to wait until tomorrow or use an alternative search method.

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Carmen Ruiz

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If you need results today, definitely call their office or try one of the third-party tools mentioned above.

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Certana.ai might be your best bet for same-day results if the state system is down.

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Caden Nguyen

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I've been dealing with Delaware UCC search issues for months now. Their system seems to have gotten worse since their last "upgrade." For urgent searches like yours, I'd recommend calling their UCC division directly at the number Natasha mentioned - sometimes they can do manual searches or tell you if there's a known system outage. Also, if you're dealing with equipment financing regularly, it might be worth bookmarking some of the third-party tools people mentioned here as backup options. The state portals are just too unreliable for time-sensitive deals.

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This is really helpful advice, especially about calling directly for manual searches. I'm new to UCC due diligence and didn't realize that was even an option. The backup tools suggestion makes a lot of sense too - seems like relying solely on state portals is asking for trouble on time-sensitive deals. Thanks for sharing your experience!

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Welcome to the secured lending world! The UCC system really is the backbone of how secured transactions work. Once you get comfortable with the basics, you'll start to appreciate how the system protects both lenders and borrowers by creating clear rules for priority and notice.

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Mason Stone

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I'm starting to see how it all fits together. Thanks everyone for the explanations - this forum is incredibly helpful!

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Happy to help! Feel free to post specific questions as you encounter them. The community here is pretty knowledgeable about UCC issues.

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One practical tip as you're getting started - create a UCC filing checklist for your team. Include items like: verify debtor's exact legal name, confirm proper collateral description, double-check filing jurisdiction, and set up continuation reminders. Having a standardized process will help prevent the common mistakes everyone's mentioned here. Also, don't hesitate to reach out to the Secretary of State's UCC division if you have questions - they're usually pretty helpful with procedural issues.

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Logan Stewart

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That checklist idea is brilliant! I'm definitely going to put something like that together. It sounds like having a systematic approach is really important to avoid costly mistakes. Do you have any recommendations for software or tools that help manage the UCC filing process, or is it mostly manual tracking with spreadsheets?

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Amara Nwosu

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As someone who's been in your exact shoes, I completely understand that "keeping you up at night" feeling! Here's the simple breakdown that finally clicked for me: UCC1 is for creating a brand new security interest record (which is what you need for your equipment loan), and UCC3 is only for making changes to a UCC1 that already exists. Since this is your first filing on this $180K equipment, you definitely need to start with UCC1. Once that's filed, any future changes - like if you need to add more equipment to the collateral or continue the filing before it expires in 5 years - would use UCC3. The analogy someone used earlier about UCC1 being like opening a bank account and UCC3 being like making transactions really helped me remember the difference. Don't stress too much - you've got this!

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Rachel Tao

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This is such a helpful perspective! I really appreciate hearing from someone who's been through the same anxiety-inducing experience. That bank account analogy really does make it stick - I keep coming back to it when I start second-guessing myself. Your reassurance means a lot, especially since you mentioned the exact same "keeping you up at night" feeling. It's good to know I'm not the only one who gets stressed about these filings! I'm definitely going with the UCC1 for our equipment loan and will make sure to set that 5-year reminder for the continuation filing. Thanks for the encouragement!

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LunarLegend

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I'm new to UCC filings and this thread has been incredibly helpful! Just to make sure I understand correctly - for any brand new collateral securing a loan (like equipment, inventory, etc.), I should always start with UCC1 to establish the initial security interest, right? And then UCC3 only comes into play later if something needs to change about that existing filing? I'm working on a similar situation with some manufacturing equipment and want to make sure I don't make the same mistake of overthinking which form to use. The stress is real when you know how important these filings are for protecting the lender's interests!

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Yes, you've got it exactly right! For any brand new collateral securing a loan, UCC1 is always your starting point to establish that initial security interest. UCC3 only comes into play afterward for modifications to that existing filing. I totally understand the stress - I was in the same boat not too long ago and kept second-guessing myself. But once you realize that UCC1 = NEW and UCC3 = CHANGE TO EXISTING, it becomes much clearer. For your manufacturing equipment, definitely go with UCC1 first. The good news is that this community is super helpful if you run into any issues during the filing process!

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