UCC Document Community

Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Whatever you do, don't close on that equipment until this gets resolved. I've seen buyers think they can sort it out after purchase and then get stuck when the secured party claims priority. Get the UCC-3 termination filed BEFORE you take title.

0 coins

That's what I was afraid of. Guess we're pushing back the closing date until this gets cleaned up.

0 coins

Smart move. Better to delay than buy someone else's lien problems.

0 coins

Another quick tip - if ABC Capital is a larger lender, they probably have an online portal where you can check loan status or request payoff letters. Sometimes the UCC department is separate from regular customer service, so ask specifically for "UCC filings" or "collateral management" when you call. Also, make sure to get a UCC-3 termination statement number once they file it - don't just take their word that it's been submitted. The state filing systems can take 24-48 hours to update, so factor that into your closing timeline.

0 coins

This is really helpful advice! I hadn't thought about asking specifically for their collateral management department. Do you know if most states have that 24-48 hour delay, or is it faster in some places? With our closing timeline already pushed back, every day counts at this point.

0 coins

Bottom line: file ASAP but file correctly. I'd rather see someone take an extra few days to verify everything is perfect than rush and make mistakes. A rejected UCC-1 is worse than a slightly delayed one.

0 coins

Thanks everyone. Going to double-check everything tomorrow and file by end of week. Feel much better about the timeline now.

0 coins

Smart approach. That verification tool I mentioned earlier really does help catch issues before filing if you want to check it out.

0 coins

For equipment financing in Ohio, you generally want to file within 10-15 business days of closing to be safe. The key is balancing speed with accuracy - rushing and making errors can invalidate your security interest entirely. Since your loan docs say "promptly file," I'd interpret that as within 2 weeks maximum. Make sure to verify the debtor name exactly matches your Secretary of State records before submitting. With a $180K loan, it's worth taking an extra day or two to triple-check everything rather than risk a rejection that could cost you your priority position.

0 coins

This is really helpful advice, especially about the 2-week timeframe for "promptly file." I'm new to UCC filings and wasn't sure how to interpret that language. One quick question - you mentioned verifying the debtor name against Secretary of State records. Is there a specific way to search for this, or do I just look up the company on the Ohio SOS website? Want to make sure I'm checking the right database before I file.

0 coins

This sounds incredibly frustrating, especially with such a tight deadline! I've been following the thread and it seems like you're getting some really good suggestions. The fact that Certana.ai flagged debtor name inconsistencies is promising - that could definitely be the key to unraveling this mystery. One additional thought: if this does turn out to be a legitimate lien from an entity with an unusual name, you might want to ask your attorney about the possibility of getting a priority agreement or partial release if the collateral doesn't overlap with your equipment. Sometimes secured parties are willing to work with you if it doesn't affect their position. Also, document everything you're doing to resolve this - the time stamps, who you talked to, what steps you took. If this causes a delay in your closing, having a detailed record could help with any potential claims or at least show your lender you've been diligent. Hope you get this sorted out quickly!

0 coins

This is such great comprehensive advice! I'm impressed by how thorough this community is being with suggestions. The documentation point is especially important - I've seen too many deals fall apart because someone couldn't prove they did due diligence when mysterious liens popped up. Also really like the idea about partial releases or priority agreements. Even if this 'fundo' thing is legitimate, there might be room to negotiate around it if the collateral is different. @Yara Nassar do you have experience with secured parties being cooperative in these situations? I m'still pretty new to complex UCC issues and wondering how often parties are willing to work with you on stuff like this.

0 coins

This whole situation sounds incredibly stressful, but I'm encouraged by all the creative suggestions everyone's offering! As someone relatively new to UCC issues, I'm learning a lot just from reading this thread. The Certana.ai tool sounds particularly interesting - I had no idea automated document verification services existed for this kind of thing. One thought that occurred to me while reading through everything: have you checked if your business or any related entities might have had dealings with a company that could have been abbreviated or misspelled as "fundo"? Sometimes these mysterious liens turn out to be from routine business relationships that just got garbled in the filing system. Maybe check old invoices, contracts, or equipment leases from around 2022 for anything that might ring a bell? Also, with Texas specifically, I've heard their UCC system went through some major updates a few years back - could this be related to data migration issues during that transition? Really hoping you get this resolved before your closing deadline!

0 coins

This is such a helpful thread to follow as someone also new to UCC complexities! Your suggestion about checking old business relationships is really smart - I've seen similar situations where routine equipment leasing or factoring agreements created liens that later showed up with mangled names in the system. The Texas system migration angle is particularly interesting too. I remember reading about some states having issues when they upgraded their databases and old records didn't transfer cleanly. @Lena Kowalski do you know roughly when Texas did their system updates? That timing could be really relevant if this filing was around 2022. Also wondering if @Lim Wong has had a chance to dig into those historical records yet - sometimes the answer is hiding in plain sight in old paperwork we forgot about!

0 coins

This thread is exactly why I triple check all my debtor names before filing anything. Massachusetts doesn't mess around with UCC-3 rejections.

0 coins

Smart practice. Rejection delays can mess up loan closing timelines.

0 coins

Lesson learned for sure. Will be more careful with name matching going forward.

0 coins

Welcome to the UCC filing headache club! I've been dealing with Massachusetts filings for about 3 years now and this exact scenario comes up more often than you'd think. The comma vs no comma issue is surprisingly common - seems like it happens when companies get more formal with their documentation over time. One tip I've learned: always keep a copy of your original UCC search results in your file so you can quickly reference the exact debtor name format when filing amendments or terminations. Also, if you're dealing with this regularly, some of the document checking tools mentioned here can really save time and prevent these rejections upfront. Good luck with the amendment route!

0 coins

This discussion has been incredibly thorough and helpful! As someone new to UCC citation work, I want to make sure I understand the key takeaways correctly. So the standard format is "U.C.C. § [article]-[section]" with periods after each letter for model code citations, and when citing state-specific versions I should use the actual state statute citation like "Cal. Com. Code § 9315." For official comments, it's "U.C.C. § 9-315 cmt. 2." One thing I'm still unclear on - when should I include pinpoint citations to specific subsections versus citing the broader section? For example, if I'm discussing the general concept of proceeds under Article 9 but my specific argument relates to subsection (a)(2), should I cite "U.C.C. § 9-315" or "U.C.C. § 9-315(a)(2)"? I want to be as precise as possible while following proper bluebook format.

0 coins

@Brandon Parker You ve'got the basic formats exactly right! For pinpoint citations, the general rule is to be as specific as possible while still supporting your argument. If you re'making a point that s'specifically addressed in subsection a (2)(,)then cite U.C.C. "§ 9-315 a(2)(to)" direct the court to the exact provision. However, if you re'discussing the broader concept that s'covered throughout section 9-315 but your specific point happens to be in a (2)(,)you might cite the main section and then reference the specific subsection in your text. For example: The "UCC defines proceeds broadly, U.C.C. § 9-315, including specifically that proceeds 'encompasses' whatever is received upon sale of collateral, id. § 9-315 a(2)(.)This" approach gives the court both the general context and the specific authority. When in doubt, err on the side of precision - courts prefer overly specific citations to vague ones, especially in secured transactions where the exact language often matters for determining perfection and priority issues.

0 coins

This has been an incredibly comprehensive discussion on UCC bluebook citations! I'm working on my first secured transactions case and had been struggling with exactly these formatting questions. The clarification about "U.C.C." with periods versus "UCC" without periods is crucial - I almost made that mistake in my draft brief. One additional resource I've found helpful is the bluebook's Table T1, which lists the specific citation formats for each state's commercial code. For example, it shows that Florida uses "Fla. Stat. § 679.315" rather than a separate commercial code citation. This is particularly useful when you're dealing with states that haven't adopted a separate commercial code structure. Also, for anyone citing UCC provisions in footnotes versus in-text, remember that the citation format remains the same but footnote citations can include additional explanatory parentheticals that might be too cumbersome in the main text, like noting when a provision was amended or differs from the model code.

0 coins

Prev1...1920212223...684Next