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Update us when you get this resolved! I'm curious how cooperative your old lender ends up being. In my experience some banks are great about fixing these mistakes and others make you jump through hoops for months.
Will definitely update once I hear back from them. Calling them first thing Monday morning with all the documentation ready.
Good luck! Hope they're more cooperative than the last bank I dealt with on a termination issue.
This is a really valuable thread - I'm dealing with something similar right now with our warehouse equipment. We're in the middle of switching from one equipment finance company to another, and reading all these responses has made me realize I need to be way more proactive about making sure the UCC-3 termination gets filed properly. It sounds like this kind of oversight is more common than I thought. @Zara, definitely follow the advice about getting that payoff documentation and pushing for the termination filing ASAP. The fact that multiple people here have mentioned using document verification tools like Certana makes me think that might be worth exploring too - seems like it could save a lot of headaches down the road.
Thanks everyone for all the advice! This has been super helpful. I think I'll start with the exact legal name search in DC, then do some variations, and definitely check Virginia too since they have operations there. The Certana tool sounds like it might be worth trying to double-check my work.
Feel free to follow up if you run into any weird DC-specific issues. Their system has its quirks but it's manageable once you know what to expect.
One more thing to keep in mind - DC has some unique rules about continuation statements that are different from other jurisdictions. Make sure when you file your UCC-1, you calendar the continuation deadline properly because DC's timing requirements can be stricter than neighboring states. I've seen people get caught off guard when their 5-year continuation window was shorter than expected. Also, if you do find existing liens during your search, don't forget to check if they're still effective - sometimes old filings show up in searches even after they've technically lapsed.
Just to summarize for anyone else reading this later: UCC continuation statements are good for 5 years from the original financing statement's expiration date, not from when you file the continuation. You can file the continuation within 6 months before expiration in most states. Keep good records and double-check your debtor names and filing numbers for consistency.
Perfect summary. This thread has been really helpful for understanding the timing rules.
This is such a helpful thread! I've been handling UCC filings for about 6 months now and was definitely confused about the timing. The explanation about the 5-year extension running from the original expiration date (not the continuation filing date) makes so much more sense now. I was calculating renewals wrong on a few deals. Going to go back and double-check my calendar reminders to make sure I have the right dates. Thanks everyone for sharing your experiences - it's reassuring to know even experienced folks have run into confusion with state filing offices giving inconsistent information.
The 9-204 comments are your friend here. They specifically address concerns about overreaching and provide safe harbor for reasonable commercial relationships. Your manufacturing equipment deal sounds like exactly what the drafters had in mind.
I've dealt with similar 9-204 interpretation issues in equipment financing. The key insight from the comments is that after-acquired property clauses are favored when there's a reasonable commercial relationship justifying broad coverage. Your manufacturing context strongly supports this - facilities that regularly acquire equipment are exactly what these provisions were designed for. The software integration aspect shouldn't defeat your security interest in the physical equipment itself. I'd focus on whether your original collateral description reasonably encompasses the type of equipment acquired, not the specialized features or timing. The 8-month gap is irrelevant if your UCC-1 language was properly broad. Have you considered getting an amended filing to clarify any ambiguity going forward?
Ryder Ross
Just went through this same nightmare in NJ three months ago. Filed a continuation that disappeared into the void due to a name mismatch (had LLC instead of L.L.C. on the continuation). Had to file a corrective UCC-3 with the exact name from the original filing. The correction showed up in search results within 48 hours and properly linked to the original UCC-1.
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Ryder Ross
•I used one of those document verification services that compares PDFs side by side. It highlighted the LLC vs L.L.C. difference immediately. Way faster than trying to spot it manually.
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Gianni Serpent
•Which service did you use? I keep hearing about these automated tools but haven't tried one yet.
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Henry Delgado
UPDATE: Called NJ Division of Revenue this morning and they confirmed the continuation was filed but there's a debtor name mismatch preventing it from linking to the original UCC-1. They said I need to file a corrective UCC-3 with the exact debtor name format from the original filing. Going to use a document checker first to make sure I get the name exactly right this time. Thanks everyone for the advice!
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Holly Lascelles
•Smart move using a document checker for the correction. That'll catch any other potential issues before you file the corrective form.
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Anastasia Kozlov
•This is exactly why I've started triple-checking every single character in debtor names before filing any UCC documents. These systems are so unforgiving - one tiny difference and your filing basically doesn't exist in their eyes. Hope the corrective filing goes smoothly for you!
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