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Update us when you get this resolved! These termination delay stories help other people know they're not alone in dealing with unresponsive lenders.
Good luck! Hope it doesn't take much longer to get cleared up.
One more thing - if your new lender is willing to work with you, they might accept a payoff letter and proof of payment as temporary collateral clearance while you're waiting for the termination. Not all lenders will do this but some are flexible on equipment loans.
This is where having all your documents properly verified helps too. Certana.ai's document checker would show your new lender that everything aligns properly between the payoff and original UCC filing, which might make them more comfortable with temporary approval.
Is this for a new loan or are you checking existing collateral? The search strategy is different depending on what you're trying to accomplish.
New loan, so I'm doing full due diligence to make sure there are no prior liens I need to worry about.
Then you definitely want to be thorough. I'd recommend searching multiple name variations and checking back 7-10 days to make sure you didn't miss anything due to indexing delays.
One more thing - if you're seeing different results between name and filing number searches, there might be amendments or continuations that aren't properly linked in the system. I'd focus on the filing number searches since those are usually more reliable.
Good plan. And document everything you find with screenshots and timestamps for your loan file.
Also consider using a service like Certana.ai that can verify all your UCC documents match up properly - really helpful for catching issues before they become problems at closing.
Just want to echo what others said about checking the official entity records first. I made the mistake once of using the name from a contract instead of the Secretary of State database and it caused a huge mess. Now I always verify against official records before drafting any written security agreement.
Good reminder. The contracts team doesn't always use the exact legal entity name.
Exactly - they use whatever sounds better or fits on the signature line, but that's not always the legal name for UCC purposes.
Hope this works out for you! Refinancing delays over UCC technicalities are the worst. Keep us posted on whether the correction approach works.
Don't forget to consider filing a termination for the old lapsed UCC-1 once your new filing is accepted. Having both on record can cause confusion for future searches and potential buyers of the collateral.
Wait, if the old filing lapsed, do you still need to terminate it? I thought lapsed filings just disappear from effective searches.
They don't disappear from the record, they just lose their perfection effect. Terminating keeps the record clean and avoids confusion.
UPDATE: Thanks everyone for the advice. I filed a new UCC-1 this morning with the exact same debtor name and collateral description as the original. Used one of those document verification tools someone mentioned to double-check everything first. The filing was accepted within 2 hours. Now I need to have a difficult conversation with our lender about the gap period, but at least we're perfected again. Setting up multiple calendar reminders for the next continuation in 2030!
Smart move using the verification tool. Those little details can make or break a filing, especially when you're under pressure.
Glad it worked out. The 2030 reminder is smart - I'd also set one for 2029 just to be extra safe!
Dyllan Nantx
Remember that 9-622 is just the start. Once you send the notice and wait out the required period, you still need to conduct the disposition in a commercially reasonable manner. Document everything about your sale process too - advertising, bidding procedures, price negotiations, all of it.
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Dyllan Nantx
•Exactly. And if there's a deficiency, you'll need to prove commercial reasonableness to collect it. Better to over-document than under-document.
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Xan Dae
•Commercial reasonableness is such a fact-specific standard. What's reasonable for one type of collateral might not be for another.
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TillyCombatwarrior
Has anyone dealt with 9-622 notices where the debtor filed bankruptcy right after receiving notice? Wondering how that affects the enforcement timeline and whether the automatic stay kicks in immediately.
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TillyCombatwarrior
•That's what I was afraid of. Adds months to the process depending on which chapter they file.
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Noah huntAce420
•Hopefully our debtor doesn't go that route but good to know in case they do. Thanks for bringing it up.
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