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Been lurking on this thread because I'm dealing with similar volume issues. One question - how do you all handle fixture filings? We do a lot of restaurant equipment deals and I'm never sure when UCC-1 vs fixture filing is the right approach.
That's what I thought, but some counties make it really difficult to file UCC fixture filings. Seems like every clerk has their own interpretation of the requirements.
Here's my take after 20 years in secured lending: document consistency is everything, but you also need to think about your audit trail. Whatever system you use - service or software - make sure you can demonstrate to examiners that you had proper procedures for verifying debtor names and collateral descriptions before filing.
Exactly. Examiners want to see that you have controls in place to prevent filing errors that could affect your security interest. Whether that's through a service or internal procedures, you need documented processes.
This is why I prefer tools that generate verification reports. When Certana.ai checks document consistency, it creates a report showing exactly what was verified. Perfect for compliance documentation.
One thing to remember about UCC file meaning - it's not just about the current status but also the history. Even if everything looks perfect now, if there were gaps in perfection or periods where filings lapsed, that could be what the attorney is referring to. Make sure you review the timeline carefully.
Great point. Lapse periods can create all sorts of priority issues even if they're eventually cured.
Thanks everyone for all the insights. I feel much more confident about tackling this UCC file review now. The combination of understanding what 'UCC file meaning' encompasses plus having some practical tools and strategies makes this seem much less daunting. Really appreciate this community!
Don't hesitate to post an update if you run into any specific issues during your review. Lots of experienced folks here who've probably seen similar situations.
Good luck with your review! The fact that you're being this thorough upfront shows you're taking the right approach.
One more thing to consider - if your UCC-1 does get rejected for the name issue, you'll need to refile and that could push you past your closing date. Better to take extra time upfront to get the debtor name exactly right than deal with delays later.
Rejections are the worst, especially when they're for something easily preventable like name formatting.
The good news is most states process corrected refilings pretty quickly, but still adds stress to the closing process.
Update us on how it goes! Always curious to hear whether the comma issue actually causes problems or if the filing system is more forgiving than we think.
Smart choice. The charter name is always the safest bet for UCC filings.
Good luck with the closing! Hope everything goes smoothly.
Check if the other lender actually has a purchase money security interest. PMSI can have super priority even if filed later, depending on the type of collateral and timing.
PMSI can apply to financing the purchase too, not just seller financing. But if they're just a general lender, probably not relevant.
Plus PMSI has notice requirements for non-inventory collateral. They would have had to notify you before filing.
This whole situation shows why UCC due diligence is so important. Should have done a comprehensive search before making the loan to identify any existing or potential competing interests.
We did do a UCC search before lending. The other lender's filing came after ours, which is why we're confused about their priority claim.
Isaac Wright
For what it's worth, I always do my Indiana UCC searches at the beginning of the week. Their system seems more reliable on Tuesdays and Wednesdays. Fridays are terrible for timeouts and errors.
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Maya Diaz
•That's actually a good tip! I never thought about timing affecting the system performance.
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Tami Morgan
•Monday mornings are also bad because everyone's trying to file after the weekend. Weekday afternoons work best for me.
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Rami Samuels
Update: I ended up using the Certana document checker that several people mentioned and it immediately caught the comma issue plus two other small discrepancies I hadn't noticed. Filed successfully this morning using their recommendations and got acceptance confirmation within an hour. Thanks everyone for the suggestions - this forum saved my loan closing!
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Marcus Patterson
•Great outcome! Always nice when a thread has a happy ending. Indiana UCC filings can be tricky but sounds like you got it sorted.
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Haley Bennett
•Thanks for posting the update. I'm bookmarking this thread for future reference - the name matching tips will definitely be useful.
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