UCC Document Community

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Jackie Martinez

Need UCC lien copy but filing office says they can't locate original records

I'm trying to get a certified copy of a UCC lien filing from 2019 but the state filing office keeps telling me they can't locate the original records in their system. The debtor company went through bankruptcy last year and now I need this documentation for the creditor committee proceedings. I have the original filing number but when I search their online portal it shows 'record not found.' The clerk suggested the lien might have been filed under a slightly different debtor name variation but I've tried every combination I can think of. Has anyone dealt with missing UCC records before? This is holding up a major asset recovery case and I'm running out of options. The original filing was definitely accepted because I have the filing receipt, but now it's like it never existed in their database.

I hate to be the bearer of bad news, but if the record truly is gone from their system and you can't get a certified copy, you might have bigger problems. Without proper documentation of the lien perfection, your secured position could be compromised in the bankruptcy proceedings. Hope you find it but you should probably start planning for that possibility too.

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Don't panic yet. Courts understand that filing systems aren't perfect. If you have your original receipt and can show you made good faith efforts to obtain the certified copy, that should carry some weight.

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Plus if other liens from the same time period are also missing, that suggests a systemic problem with their database rather than an issue with your specific filing.

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One more idea - check if your original filing attorney or the bank that requested the filing has any additional documentation. Sometimes they keep more detailed records than what you might have, including correspondence with the filing office that could help track down the missing record.

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Let us know how it turns out! This thread will be helpful for anyone else who runs into the same issue.

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Definitely keep us posted. And seriously consider that Certana tool someone mentioned - might save you a lot of time and headaches.

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Yara Assad

UCC 1308 error blocking my continuation filing - need urgent help

I'm getting a UCC 1308 error when trying to submit my continuation statement and I'm completely stuck. The deadline is next week and I can't figure out what's causing this rejection. I've triple-checked the original filing number, debtor name matches exactly, and all the required fields are filled out. The system just keeps spitting back this 1308 code with no helpful explanation. Has anyone dealt with this specific error before? I'm handling equipment financing for a manufacturing client and really can't afford to let this lapse. Any insights would be hugely appreciated.

Just wanted to add - if you do get this resolved, consider setting up automatic reminders for future continuations. Missing the 5-year window because of technical errors is every secured party's nightmare.

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We use calendar reminders set for 6 months before each continuation deadline. Gives plenty of time to sort out any issues.

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That's exactly what we do. Started after almost missing a critical continuation deadline due to staff turnover.

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Hope you get this sorted out! Keep us posted on what finally fixes the 1308 error - might help someone else facing the same issue down the road.

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Will do. This community has been incredibly helpful. I'll update once I figure out the exact cause.

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Ava Thompson

UCC-1 filing rejected - confused about goods under UCC classification

Filed a UCC-1 last week for a business loan secured by restaurant equipment and got it rejected by the SOS. The rejection notice says there's an issue with how I described goods under UCC in the collateral description. I listed 'restaurant equipment, kitchen appliances, and food service machinery' but apparently that's not specific enough? The loan officer at our bank said we need to be more precise about goods under UCC requirements but didn't give me much guidance. This is for a $180K equipment loan and I'm worried about missing the perfection window. Has anyone dealt with similar collateral description issues for goods under UCC filings?

I still can't believe how picky they are about these descriptions. Like, if it's obviously restaurant equipment, why does the exact wording matter so much for goods under UCC? Seems like they're just trying to generate rejection fees.

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RIGHT?! It's like they want you to fail so they can collect multiple filing fees. So frustrating.

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The specificity requirements actually serve a purpose - they help third parties understand what collateral is encumbered when they're doing due diligence. But I agree the enforcement can be inconsistent.

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For what it's worth, I've found that including 'and all proceeds thereof' at the end of goods under UCC descriptions can be helpful for comprehensive coverage. Just make sure your security agreement supports that broad language.

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Proceeds language is important but make sure you understand the implications - it can affect how you handle insurance claims and equipment sales later.

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This thread has been super helpful. I'm dealing with similar issues on an equipment financing deal and didn't realize how specific the goods under UCC descriptions needed to be.

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Amina Sy

UCC termination - which of the following actions causes a security agreement to terminate

I'm studying for my banking compliance exam and getting confused about security agreement termination. The practice question asks which of the following actions causes a security agreement to terminate but I can't figure out the right answer. I understand that filing a UCC-3 termination statement removes the public notice, but does that actually terminate the underlying security agreement itself? Or does the security agreement terminate automatically when the debt is paid off? What about when the collateral is sold - does that terminate it? I've been going through my materials but the distinction between the financing statement lapsing versus the security agreement terminating is really tripping me up. Can someone explain this clearly?

For your exam prep, focus on this distinction: What terminates the SECURITY AGREEMENT (the contract) versus what terminates the FINANCING STATEMENT (the public filing). Security agreements typically terminate when the debt is paid off. Financing statements are terminated by filing UCC-3 or they lapse after 5 years without continuation.

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Exactly. Just make sure you read the question carefully to see if it's asking about the agreement, the interest, or the filing. They're related but different.

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This thread has been super helpful. I was making the same mistake of treating them as the same thing.

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One more way to think about this - I had a situation where we paid off a loan in January but didn't file the UCC-3 termination until March. The security agreement terminated in January when we made final payment (per the agreement terms), but the public filing stayed active until we filed the UCC-3 in March. Two separate events with different timing.

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No real issues, but it did cause confusion when we tried to refinance because the title search showed an active UCC filing even though the debt was satisfied.

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This is why prompt UCC-3 filing after payoff is so important. Prevents exactly this kind of confusion.

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Olivia Evans

How long is a UCC financing statement valid before it lapses?

I filed a UCC-1 back in 2019 for some equipment financing and just realized I might need to do something to keep it active. The loan is still outstanding but I'm getting conflicting info about whether these things expire automatically. How long is a UCC financing statement valid exactly? Do I need to file some kind of extension or does it just stay on record forever? Really don't want to mess this up since the collateral is worth about $85K and the lender specifically required the UCC filing as part of the loan agreement.

For what it's worth, I've seen banks that automatically file continuations for their borrowers, but don't count on it. Always verify that it got done, and if you're handling it yourself, don't procrastinate.

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Yeah, never assume someone else is handling it unless you have it in writing.

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The lender didn't mention anything about handling continuations so I'm definitely going to take care of it myself. Thanks everyone for the clarification!

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One last thing - when you file the continuation, make sure the UCC-3 form references the original filing number correctly. Any mistake there and the continuation won't be effective.

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Absolutely. I've caught several filing number transcription errors using Certana.ai's checker. Would have been costly mistakes.

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The filing number is usually pretty long too, easy to transpose digits if you're doing it manually.

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