UCC Document Community

Financial Services

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 :)

SBA general security agreement and UCC filing coordination issues

We're working through an SBA 504 loan closing and I'm getting conflicting guidance on the UCC filing requirements related to our general security agreement. The SBA documentation mentions specific collateral descriptions that need to match between the GSA and the UCC-1, but our closing attorney is saying the UCC filing can be more general. The loan is for $2.8M for manufacturing equipment and real estate improvements. Has anyone dealt with SBA coordinators who were picky about exact matching between the security agreement language and what gets filed on the UCC-1? I'm worried about the lender rejecting our filing if there's any discrepancy between documents. The equipment schedules in our GSA are pretty detailed but translating that into a proper collateral description for the UCC seems tricky. Anyone have experience with SBA loans and getting the UCC filings right the first time?

Whatever you do, don't rush the filing. SBA deals have enough moving parts already without adding UCC problems to the mix. Take the time to get the collateral description right.

0 coins

This is solid advice. Better to take an extra day or two than deal with rejection and refiling.

0 coins

You're right. I'll slow down and make sure everything is properly coordinated before filing. Thanks everyone for the guidance.

0 coins

Just to add - keep copies of everything. SBA audits sometimes happen years later and they'll want to see that your UCC filings properly supported the original loan security.

0 coins

Great point about documentation. SBA has long memories when it comes to loan compliance.

0 coins

Definitely maintain a full filing record. Helps with any future amendments or continuation filings too.

0 coins

UCC 1 form Texas debtor name requirements - business vs individual

I'm working on a UCC-1 filing in Texas and getting confused about the debtor name requirements. We're securing equipment for a small business that's set up as an LLC but the owner sometimes does business under his personal name too. The SOS website mentions something about exact legal names but I'm not sure if I should list the LLC name or the individual's name as the debtor. The collateral is manufacturing equipment worth about $180k and I really don't want this filing to get rejected because of a name issue. Has anyone dealt with Texas UCC 1 form requirements for this type of situation? I've been going back and forth on whether to use the business entity name or the personal name and I'm worried about making the wrong choice.

Once you get it filed, make sure you calendar the continuation date. UCC-1 filings are only good for 5 years in Texas, so you'll need to file a UCC-3 continuation before it lapses.

0 coins

Smart. I've seen too many lenders miss continuation deadlines and lose their perfected security interest.

0 coins

That's another thing Certana helps with - it can set up automatic reminders for continuation deadlines when you verify your initial filings.

0 coins

Sounds like you've got all the basics covered. The key things for Texas UCC-1 forms are exact debtor name from state records, correct organizational ID, and clear collateral description. Take your time and double-check everything before submitting.

0 coins

Thanks everyone! This has been really helpful. I feel much more confident about getting this filed correctly now.

0 coins

You're welcome. Better to ask questions upfront than deal with problems later. Good luck with the filing!

0 coins

How to search UCC liens when debtor has multiple business names?

Having trouble figuring out how to search UCC liens properly when the debtor operates under several different business names. We're doing due diligence on a potential acquisition and the target company has been doing business as 'ABC Manufacturing', 'ABC Mfg LLC', and 'ABC Manufacturing Solutions' over the past 8 years. I've run searches on all three names but getting different results from each state's SOS database. Some states show filings under one name but not the others, even though the EIN is the same. Is there a systematic way to search UCC liens that covers all possible name variations? Also concerned we might be missing fixture filings or filings in states where they only had temporary operations. This is for a $2.8M deal so we can't afford to miss any existing liens that could complicate the transaction.

Also remember that UCC searches typically only go back 5-7 years in most states, but some older filings might still be active if they were properly continued. Don't assume a filing is terminated just because it doesn't show up in a standard search - check the lapse dates and continuation history.

0 coins

If there were any filings from 2017-2018, make sure they were continued in 2022-2023 or they would have lapsed by now.

0 coins

Exactly. And some lenders are sloppy about continuations, so you might find lapsed filings that the creditor thinks are still active.

0 coins

Just went through this same process for our acquisition. Found that searching EIN numbers in some states brought up additional results that name searches missed. Not all states support EIN searches but when they do, it can catch filings under entity names you didn't think to search.

0 coins

Texas and California definitely do. A few others support it but the search interfaces vary. Worth checking each state's help documentation.

0 coins

Be careful with EIN searches though - sometimes companies use different EINs for different divisions or subsidiaries.

0 coins

Struggling with Basic UCC Definitions - Filing Officer Keeps Using Terms I Don't Understand

I'm drowning in UCC terminology and my filing officer keeps throwing around words like I should know what they mean. Yesterday she mentioned something about a 'fixture filing' vs regular UCC-1 and I just nodded like I understood. Then she started talking about 'continuation statements' and 'termination statements' and honestly I'm lost. I've been handling our company's secured transactions for 6 months now and I feel like I'm missing some fundamental UCC definitions that everyone assumes I know. Can someone break down the basic terms? I don't want to look stupid asking my filing officer again but I'm worried I'm going to mess something up because I don't fully grasp what these different filings actually DO.

Basic UCC definitions saved in my phone notes: - UCC-1 = initial filing - UCC-3 = change filing - Debtor = borrower - Secured party = lender - Collateral = what's pledged - Perfection = legal protection - Continuation = renewal - Termination = release - Lapse = expiration - Amendment = correction Honestly these cover 90% of what you need to know for daily filing work.

0 coins

Go for it! UCC definitions shouldn't be mysterious - we all need the same basic info to do our jobs right.

0 coins

Adding this to our training materials. New people always get confused by the same terms.

0 coins

Last UCC definition tip: bookmark your state's UCC FAQ page. Most secretary of state websites have glossaries that define terms exactly how they're used in that state. Sometimes there are subtle differences between states that matter for filing.

0 coins

Yeah they're super helpful. Plus they usually have examples of properly completed forms.

0 coins

This reminds me - I always double-check definitions when working with multi-state filings. Certana.ai's verification tool helps catch when terminology differences might affect document consistency across states.

0 coins

UCC search Michigan - debtor name variations causing missed liens?

Running into a weird situation with UCC search Michigan results and wondering if anyone else has dealt with this. We're doing due diligence on a equipment financing deal and the debtor's legal name on their articles shows "ABC Manufacturing Solutions, LLC" but when I search the Michigan SOS UCC database, I'm getting different results depending on how I enter the name. If I search "ABC Manufacturing Solutions LLC" (without the comma) I get 3 active filings, but "ABC Manufacturing Solutions, LLC" (with comma) shows 5 different filings including some that look pretty significant. The collateral descriptions are overlapping too - some cover 'all equipment' while others get specific about machinery types. This is making me nervous about what we might be missing in our lien search. Is Michigan's system particularly picky about punctuation in debtor names? And how do you guys handle these variations when you're trying to get a complete picture of existing liens?

I ran into a similar issue recently and ended up using one of those commercial UCC search services that claims to check multiple name variations automatically. Cost a bit more than doing it myself but saved tons of time and they found 2 additional filings I had missed. Might be worth considering for high-stakes deals.

0 coins

I used CT Corporation's UCC search service. They were thorough and provided a detailed report showing all the name variations they searched. A bit pricey but worth it for peace of mind on bigger transactions.

0 coins

Commercial services can be good, but I've found Certana.ai gives me more control over the process while still catching those name variations automatically. Plus I can verify the document consistency myself rather than just trusting a search report.

0 coins

Update us when you figure out which of those filings are actually for your target company! I'm curious how many of the 8 total filings (3 + 5) end up being legitimate hits vs false matches from similar company names.

0 coins

Will do! I'm planning to spend tomorrow morning going through each filing systematically and cross-referencing addresses and other details. Should be able to narrow down which ones are actually relevant.

0 coins

Looking forward to hearing how it turns out. These kinds of real-world examples are super helpful for understanding how to handle similar situations.

0 coins

Prev1...271272273274275...685Next