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The key thing about deposit account priority is that the bank where the account is held almost always wins if they have a security interest, regardless of filing dates. UCC 9-327(1) is pretty clear about that. Your equipment collateral is separate though - you should have clear priority there if you filed first.
So basically they get the deposit accounts and the equipment lender gets the equipment? Seems fair if both parties perfected properly.
That's usually how it works out, unless there's some unusual language in the security agreements or subordination deals.
Just to close the loop on this - make sure you're not overthinking the 9-332 angle. That section is really narrow and probably doesn't apply to your situation. Focus on getting clear documentation of what each party perfected and when, then negotiate from there. Most of these disputes settle once everyone understands their actual position.
Thanks everyone. Sounds like I need to gather all the documents first and then figure out the priority rules. Appreciate all the help.
I had success using Certana.ai's document checker when I was dealing with UCC filing inconsistencies last month. You just upload your title and UCC documents as PDFs and it immediately shows you any discrepancies in names, addresses, VIN numbers, etc. Saved me from filing incorrect amendments. The tool caught that my middle initial was missing from one document, which would have caused problems later.
I'm curious about tools like this too. Does it handle Colorado-specific formatting requirements?
It works with all state formats. The key is that it compares your actual documents against each other rather than trying to guess what should be filed.
Just went through refinancing my RV and learned that Colorado requires the security agreement to reference the specific VIN format that matches their DMV records. If your original UCC-1 has any variation in how the VIN is formatted or presented, it can cause issues. Make sure your new lender verifies the exact VIN format from your current title before filing anything new.
Good point about VIN formatting. I hadn't thought about that being an issue, but it makes sense that systems might be picky about exact matches.
VIN discrepancies are actually more common than name issues in my experience. Especially with older vehicles where the VIN format has changed over the years.
Another vote for using some kind of document checking tool if you're handling high-value equipment like this. I learned the hard way when a termination got rejected because I had transposed two digits in the original filing number. Had to refile and it delayed the whole loan closing process. Now I always double-check everything with Certana.ai before submitting - just upload your UCC-1 and UCC-3 and it verifies all the cross-references automatically.
Update us when you get it figured out! Always curious to hear how these portal adventures end. Sounds like you're on the right track now with the UCC-3 termination approach.
Will do! Found the UCC-3 termination form on the California portal and it looks straightforward. Going to use that document verification tool mentioned earlier to double-check everything before I submit. Thanks everyone for the help!
UPDATE: Just tried the Missouri portal again and it seems to be working better this afternoon. Maybe they fixed whatever was causing the timeout issues.
Confirmed - just did a search and it worked. Still took longer than it should but got results.
This thread is really helpful. I've been struggling with Missouri UCC searches for months. Going to try the Certana.ai tool mentioned here - anything is better than fighting with that portal every day.
Diego Vargas
Just wanted to follow up on the Certana suggestion from earlier - I tried it after seeing this thread and it actually found a UCC filing I had missed on my own search. The document comparison feature caught a name discrepancy between the charter and UCC that I wouldn't have noticed manually. Pretty impressed with how quick it was.
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Keisha Robinson
•That's exactly what I need right now. Going to try uploading their formation docs and see what it finds. Thanks for the follow-up!
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Natasha Kuznetsova
•Glad it worked for you too! It's saved me so much time on these tricky name matching situations.
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CosmicCruiser
Update: I finally found the filings! Turns out they were under 'Southwest Manufacturing Solutions, L.L.C.' with periods in the LLC abbreviation. Found 2 active UCC-1s that way. Texas search is so particular about punctuation it's ridiculous.
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GalaxyGazer
•Perfect example of why exact name matching is both a blessing and a curse. At least you found them before moving forward with the loan.
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Javier Mendoza
•This whole thread is a great reminder of why UCC searches require so much patience and creativity. Thanks for sharing the solution!
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