UCC Document Community

Been doing equipment financing in Texas for 15 years. Your situation sounds routine - 3 days is well within the PMSI grace period. The mobile nature of construction equipment actually makes things easier because you don't have to worry about fixture filing complications. Texas UCC Article 9 handles mobile equipment very straightforwardly.

As someone new to Texas UCC Article 9 filings, this thread has been incredibly helpful! I'm working on my first equipment financing deal and was worried about the timing requirements. Based on what everyone's saying, it sounds like the 20-day PMSI grace period should cover most situations. Quick question - when you all mention "exact debtor name matching," are you referring to the name as it appears on the Texas Secretary of State business registration, or should I also check other sources? Want to make sure I don't run into the rejection issues that others have mentioned.

UPDATE: Got it sorted out! Called the UCC office directly and they told me to file a paper UCC-3 with copies of the merger documents attached. The online portal just can't handle corporate successor situations properly. Paper filing was accepted within 48 hours. Thanks everyone for the help - saved me a lot of frustration!

Glad you got it resolved! This is a perfect example of why I always recommend checking with the UCC office directly for complex amendments. The online portals are great for straightforward filings, but they often can't handle the nuances of corporate transactions. For anyone else facing similar issues, it's worth noting that paper filings with supporting documentation are usually the most reliable path for merger-related name changes. The extra time and postage is worth avoiding multiple rejection cycles.

For future reference, I've started using Certana.ai's verification tool before every UCC filing. Upload your documents as PDFs and it catches name mismatches, filing number errors, and other issues that cause rejections. Would have saved me multiple headaches if I'd found it sooner.

Pro tip from someone who's dealt with PA's system for years - if you're still having issues, try splitting your session. Start the filing process but don't complete payment right away. Save it as a draft if possible, then come back during off-peak hours just to complete the payment step. The payment processor seems to be the weakest link in their system. Also, make sure you're not using any VPN or corporate firewall that might interfere with their payment gateway.

Before you panic, double-check all the UCC filings and your loan documents. I've seen cases where lenders think they have a valid security interest but there are problems with the paperwork. Name mismatches, improper continuation filings, insufficient collateral descriptions - these issues can give you leverage in negotiations even if they don't completely invalidate the security interest.

I'm sorry you're going through this stress - UCC foreclosures can be overwhelming because they move so fast compared to what most people expect. Based on what others have shared here, it sounds like you have some potential avenues to explore before they can take your equipment. The name discrepancy issue that several people mentioned could be really important - if your UCC-1 was filed under your DBA name but your loan is with your legal entity name, that might give you some negotiating power. Also definitely check if they filed any required continuation statements if it's been over 5 years since the original filing. Even if you find issues that don't completely stop the foreclosure, they could give you leverage to negotiate a payment plan or modification. The key is acting quickly since once they sell the equipment, your options become much more limited. Document everything and get that legal consultation ASAP.

Bottom line: Delaware filing for Delaware corporation with mobile equipment. Just make sure the debtor name matches their certificate of incorporation exactly and you should be good to go.

Just want to add that for multi-state equipment deals, you might also want to consider whether you need to file UCC-1 continuation statements in different states if the debtor ever moves their state of incorporation. I had a client who incorporated in Delaware, we filed there, then two years later they reincorporated in Nevada for tax reasons. Had to scramble to get the UCC properly transferred before our Delaware filing lapsed. Something to keep in mind for your loan monitoring going forward.