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Original poster - just to add to what others have said, make sure you coordinate with your title company if this property has a mortgage. They'll want to know about any fixture filings that might affect the real estate collateral. Also consider whether you need to notify the existing mortgagee depending on your intercreditor arrangements.
Good point about the mortgage coordination. This property does have an existing mortgage so I'll need to check our intercreditor agreement about fixture filing requirements.
Definitely coordinate early. Some mortgagees want approval rights over fixture filings that could affect their collateral position.
Thanks everyone for the detailed responses. I think I have a much better understanding of how to approach the UCC definition of assets for this filing. The fixture filing requirement was something I definitely would have missed without this discussion. Going to draft the description using the broader categories approach with specific examples, and make sure to coordinate with the existing mortgagee before filing.
Glad this thread was helpful! These asset definition questions come up a lot and it's always good to see the community sharing practical experience.
Just remember to double-check everything before filing. A lot of these issues can be avoided with careful review of the docs beforehand.
The online filing system is pretty user-friendly, but double-check that you have the right debtor information format. Business entities need exact legal names, and individual debtors need full legal names with proper suffixes. Getting this wrong is the fastest way to a rejection and extra fees.
I actually tried that Certana thing someone mentioned earlier when I was worried about our corporate name formatting. Really simple - just uploaded our articles of incorporation and the draft UCC-1, and it highlighted a spacing issue in our legal name that would have definitely caused problems.
Seems like that verification step could save the amendment fees. I'll look into it before submitting.
Bottom line: budget $30 for the filing, maybe another $50 if you want professional help preparing it, and plan for $20 continuation fees every five years. The actual state fees are quite reasonable compared to the loan amounts they're securing.
Perfect, that gives me a clear picture. Appreciate everyone's input on this.
Whatever you do, make sure you're searching under all possible debtor names including any DBAs or trade names. I've seen UCC filings under names that weren't obvious from the main corporate records.
DBA searches are crucial. Sometimes the UCC-1 gets filed under the trade name instead of the legal entity name.
This is why I always request a complete list of all business names from the borrower upfront. Saves time later.
The bottom line is you can't rely on just one search. Use multiple services, check the state databases directly when possible, and verify the status of any filings you find. It's extra work but it protects your lender's security interest.
Definitely look into some of the automated tools to help streamline the verification process. Makes the multi-source approach much more manageable.
Smart approach. Better to over-search than under-search when it comes to UCC and lien verification.
Make sure you keep copies of everything - the UCC-1 form template you used, the filing receipt, any supporting documents. You'll need these for continuation filings down the road, and having a complete file makes amendments much easier if needed.
Thanks everyone for all the advice. Sounds like Delaware filing is the way to go for the main UCC-1, plus separate fixture filings in the counties where applicable. I'll make sure to get the debtor name exactly right from their incorporation documents and be specific about the collateral descriptions. Really appreciate the help!
You've got the right approach. Take your time with the details and you should be fine. Good luck with the closing!
Hope it all goes smoothly. Multi-state deals can be stressful but sounds like you're on the right track now.
Norman Fraser
worked in commercial lending for years and this is unfortunately super common. Banks just don't prioritize termination filings because there's no money in it for them. Your best bet is to file it yourself with proper documentation. Just make sure you have legal authority to do so in your state.
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Norman Fraser
•Not really, as long as you have proper authorization and follow the state requirements. The result is exactly the same.
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Hattie Carson
•Actually it's often faster and more accurate when you do it yourself since you care more about getting it right than some random bank employee.
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Destiny Bryant
UPDATE: For anyone following this thread, I ended up using the Certana.ai tool someone mentioned and it caught 3 different formatting inconsistencies between my loan docs and the original UCC-1. Filed the corrected termination yesterday and it was accepted same day. Refi is back on track. Thanks everyone for the advice!
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Kai Santiago
•So glad the document verification tool helped! That's exactly why I mentioned it - these small details can kill your filing.
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Lorenzo McCormick
•Great outcome. Nothing like solving it yourself when the banks won't cooperate.
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