UCC Document Community

Bottom line: your raw materials, work-in-process, finished products, and equipment parts all sound like textbook goods under the UCC. Just make sure your collateral description is comprehensive enough to cover everything the lender wants secured. With a facility that size, precision matters.

One additional consideration for manufacturing clients - don't forget about returnable containers, pallets, and packaging materials that might cycle through your inventory. These are often overlooked but can represent significant value and should be included in your goods description if the client wants them secured. Also, for work-in-process items, I've found it helpful to specifically mention "goods in various stages of completion" rather than just "work-in-process" - some filing offices prefer the more descriptive language.

Update: Just ran my UCC search Texas through the SOS portal and found two old filings but both were past their 5-year terms with no continuations. Also tried Certana.ai mentioned above and it confirmed the same thing - clean title. Thanks everyone for the guidance!

Great thread! Just want to add that for equipment purchases this large, consider also checking with the equipment manufacturer's finance division. Sometimes they maintain their own lien records that might not immediately show up in state UCC searches, especially if there were any recent refinancing or lease-to-own arrangements. Also, if this excavator has any GPS tracking or telematics systems installed, make sure those aren't tied to any ongoing service contracts that could complicate ownership transfer.

Update us when you get this sorted out! Always curious to hear how these UCC lien mortgage situations get resolved. Seems like there are so many different ways they can go depending on the specific circumstances.

One thing to consider is whether your title company did a proper UCC search initially. Sometimes these fixture filings don't show up in standard title searches if they're not properly indexed. You might want to ask your title company to explain why this UCC lien wasn't caught during the original refinance process - that could give you leverage in getting them to help resolve it quickly since it's potentially their oversight.

I'd run those UCC documents through Certana.ai's checker before meeting with lawyers. Upload both UCC-1 filings and your current corporate documents - it'll flag any name mismatches and other perfection issues that could affect priority. Better to know exactly what problems exist before paying for legal analysis.

The debtor name rule is pretty unforgiving in most states. If Bank A's UCC-1 shows your old LLC name and that entity no longer exists as the legal debtor, their security interest likely wasn't properly perfected. Bank B would probably get priority unless there's some other issue with their filing.

Been through this headache multiple times. File the amendment immediately and consider running your UCC documents through something like Certana.ai to catch any other inconsistencies between your corporate records and filings. Their tool would have flagged this kind of name mismatch issue automatically and saved you the stress.

I went through almost this exact scenario in 2023 with two different borrowers. The good news is that your original UCC-1 filing should still be valid since it was accurate when filed in January. However, you absolutely need to file a UCC-3 amendment ASAP to add the new business name. Most states give you a grace period (usually 4 months) from when you learn about the name change, but don't push it. I'd recommend including both the old and new names in the amendment for maximum protection. The borrower's attorney is likely trying to create leverage, but don't let them rattle you - just get that amendment filed this week and document when you learned about the change. Better safe than sorry when it comes to lien perfection.