UCC Document Community

UPDATE: Finally figured out what was causing the delay. There was a tiny formatting difference in the debtor name - the original UCC-1 had 'LLC' and my termination had 'L.L.C.' with periods. Filed a corrected UCC-3 and it processed within 48 hours. Lesson learned: exact formatting matters more than I thought.

This thread is incredibly helpful - I'm dealing with a similar situation where my UCC-3 termination has been stuck for 6 weeks. Reading through everyone's experiences, I'm now wondering if I should just cut my losses and file a completely new termination with extra attention to formatting details. Has anyone had success with withdrawing a pending filing and starting fresh, or do you have to wait for the original one to either process or get rejected first?

This thread has been incredibly helpful. I'm bookmarking it because I know I'll need to reference this again. The UCC system is way more complicated than it should be for something so routine.

As someone who's dealt with this exact situation multiple times, I can't stress enough how important it is to stay persistent with your lender. Don't just accept "we'll handle it" - ask for a timeline and the name of the person who will be filing it. Get everything in writing if possible. Also, once they say they've filed the UCC-3 termination, check the state database yourself within a week to make sure it actually went through. I've seen banks claim they filed when they hadn't, or file it incorrectly so it gets rejected. The whole process is frustrating but you have to be your own advocate here.

Bottom line for investment property UCC definition: describe your collateral accurately, use the right filing type for each piece of collateral, and double-check everything before submitting. Investment properties aren't special - they just need to be described properly in your filings.

One thing to add about Ohio specifically - if your construction equipment is going to be used across multiple properties, you might want to consider a blanket UCC-1 filing that covers "all equipment used in debtor's property maintenance and construction business" rather than trying to itemize everything. This gives you better coverage if equipment moves between properties. Just make sure your collateral description is broad enough to cover future acquisitions but specific enough to be enforceable. Ohio courts have been pretty flexible on equipment descriptions as long as they're reasonably identifiable.

Just want to add that even if the UCC filing is valid, you still have rights as a debtor. They can't just seize equipment without proper notice and process. But yeah, it definitely complicates future financing if you don't handle it properly.

As someone who's been dealing with UCC filings for years, I'd strongly recommend getting a clear picture of what you're dealing with before panicking. The fact that they filed doesn't necessarily mean they have a valid security interest - sometimes companies file UCCs as a precautionary measure even when the underlying agreement is questionable. That said, with $45K across multiple cards, you're definitely in territory where creditors start taking this stuff seriously. I'd suggest pulling all your cardholder agreements and looking specifically for any language about "retention of title," "security interests," or "collateral" related to purchases. If you can't find clear authorization for the UCC filing in your agreements, you might have grounds to challenge it. But either way, you'll want to resolve this before it impacts your expansion plans next year.

One more thing to consider - if this is a commercial vehicle make sure you're filing in the right state. Some companies are incorporated in Delaware but operate vehicles in other states and that can affect where you need to file the UCC.

I've been handling UCC filings for about 8 years now and you're definitely on the right track keeping it simple. For your collateral description, just go with "2024 Ford F-350 Super Duty pickup truck, VIN 1ABCD23E4FG567890" - that's all you need. The existing lien doesn't need to be mentioned in your description at all. What matters most is getting the debtor name exactly as it appears on your security agreement. I've seen too many filings get rejected or challenged later because of small name variations. Also make sure you're filing in the correct state based on where the debtor entity was formed, not where the vehicle is located. The priority between liens will be determined by filing dates, so focus on getting yours filed correctly rather than worrying about the other lender's paperwork.