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Bottom line - for equipment financing you need the UCC-1 financing statement. Get the debtor name perfect, describe the collateral adequately, pay attention to addresses, and file electronically if possible. The other PA UCC forms you mentioned are for later if you need to amend, continue, or terminate the filing.
And don't stress too much - it's more straightforward than it seems at first.
Thanks everyone, this has been really helpful. Going to double-check that LLC name and get this filed.
Great advice from everyone here! One additional tip for PA UCC forms - if you're filing online, the system will give you a file number immediately after submission. Print or save that confirmation page right away because you'll need that file number for any future amendments or continuations. Also, PA typically processes electronic filings within a few hours during business days, so you should get your official filing receipt pretty quickly. For equipment financing like yours, the UCC-1 is definitely the right starting point - you're on the right track!
That's such a good point about saving the file number immediately! I made the mistake once of closing the browser too quickly and then had to contact the state office to get my filing number. Also, since you mentioned the quick processing time - it's worth noting that if there are any issues with your filing, PA will usually send an email rejection notice pretty fast too, so you can fix and resubmit quickly if needed.
One more thing to consider - if any of your debtors are LLCs make sure you're using their exact registered names from the Georgia corporate records. Even slight variations like LLC vs L.L.C. can cause rejections.
I actually ran into this issue before. Ended up cross-referencing everything with Certana.ai's name verification to make sure the charter matched my UCC forms exactly.
Smart approach. Those name mismatches are the most frustrating rejections because they seem so minor but can void your perfection.
Just want to add that Georgia's UCC system is pretty user-friendly compared to other states I've dealt with. The $10 flat fee structure is straightforward and their online portal rarely has issues. One tip - if you're doing multiple filings like you mentioned, consider doing them all at once rather than spacing them out. That way if there are any systemic issues with debtor names or collateral descriptions, you can catch them early and fix them across all filings before any get processed. Also, their customer service is actually helpful if you run into problems, unlike some other state filing offices.
Update us on how this resolves. I'm curious whether you end up having to negotiate with the original lender or if you find a way to establish clear priority. These original debtor situations can really drag out if both sides think they have superior rights.
Smart move getting counsel involved early. Original debtor priority disputes can get expensive if they're not handled properly from the start.
This is a tricky situation that highlights why thorough due diligence is so critical in asset purchases. From what you've described, it sounds like you may have a valid argument for priority if the original debt was truly satisfied at closing but the termination wasn't filed. I'd recommend immediately requesting proof of satisfaction from the seller - if they can provide evidence the original loan was paid off, you might be able to force a termination of that UCC-1. In the meantime, consider whether you can get title insurance or some other protection while this gets sorted out. The UCC 9-508 four-year rule that Freya mentioned could also work in your favor given the 2019 original filing date. Document everything and keep pushing for that termination statement if the debt was indeed satisfied.
This is excellent advice, especially about getting proof of satisfaction from the seller. I'd also suggest checking if your purchase agreement included any warranties about clear title or lien-free transfer - that could give you recourse against the seller if they failed to properly clear existing encumbrances. The title insurance angle is smart too, though I'm not sure how many carriers will write policies that cover UCC filing priority disputes.
Great points about the purchase agreement warranties. I'd add that you should also check if your loan documents include any representations from the borrower about the equipment being free and clear of liens. If they warranted that to you, it gives you additional leverage to make them resolve this. Also, since this involves equipment from 2019, there might be depreciation issues that affect the actual value at stake - sometimes it's worth doing a quick appraisal to see if the cost of fighting over priority exceeds the collateral value. The seller definitely dropped the ball here, and they should be the ones fixing it.
Update: Finally got our filing accepted! The issue was indeed with the collateral description. We ended up separating the permanently installed equipment (which required fixture filings) from the mobile equipment (standard UCC-1). For the mobile equipment, we used language that covered 'wherever located' and included specific model numbers. Thanks to everyone who provided guidance - this was much more complex than anticipated but we got there in the end.
Great outcome. Always satisfying when a complex filing finally gets accepted after all that work.
This thread will be helpful for others dealing with similar international collateral issues. The fixture vs. mobile equipment distinction is crucial.
Congratulations on getting it resolved! This is a perfect example of why international collateral requires such careful attention to detail. The distinction between fixtures and mobile equipment is often overlooked, but it's critical for proper perfection. For others facing similar challenges, I'd recommend creating a detailed inventory of all collateral first, categorizing each piece as either permanently installed or mobile, then crafting separate descriptions for each category. The "wherever located" language is essential for mobile equipment that crosses borders, but as you discovered, you still need to be specific about the actual equipment involved. Thanks for sharing the successful resolution - this will definitely help others navigating similar complex filings.
Thanks for that comprehensive breakdown! As someone new to international secured transactions, I'm curious about the timing aspects. When you have mobile equipment that might move between facilities in different countries, how do you handle the potential gap in perfection while the equipment is in transit? Is there a grace period, or do you need to have filings ready in the destination country before the equipment moves?
Miguel Silva
Bottom line - stick with the exact debtor name from your original UCC-1 filing. California will reject terminations for even minor name variations. Double check the file number too. Should be straightforward once you have those details right.
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Connor O'Neill
•Thanks everyone for the detailed responses. This gives me confidence to move forward with the termination using the original debtor name format.
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Anastasia Fedorov
•Update: Filed the termination using "Martinez Construction LLC" exactly as it appeared on the original UCC-1 and it was accepted the next day. Thanks for all the help!
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Yuki Yamamoto
Glad to hear your termination was accepted! For future reference, California also allows you to search their UCC database online to verify exact debtor names and file numbers before filing terminations. The search fee is minimal compared to dealing with rejections and refiling costs. This thread should be bookmarked - lots of solid practical advice here about California's strict matching requirements.
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