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Running into a mess with a UCC title search on equipment we're trying to finance. The search pulled up 4 different UCC-1 filings against this debtor from 2019-2023, but two show as 'continued' and two don't have any continuation records. One of the 2019 filings should have lapsed by now but it's still showing as active in the system. The debtor swears they paid off the 2020 loan but can't find the UCC-3 termination. Our underwriting team won't approve the loan until we can confirm which liens are actually perfected. Has anyone dealt with UCC title search results that don't match up with what the debtor claims? The SOS portal search isn't giving me clear answers on the continuation status.
Running into a weird issue with our Arkansas UCC lien search results. We're trying to close on a commercial equipment loan and the borrower's UCC search is pulling up like 6 different terminated liens from 2019-2022. All of them show 'TERMINATED' status but they're still appearing on the official search results from the Arkansas Secretary of State portal. Our underwriter is asking questions about why these old filings are cluttering up the report instead of just showing active liens. The debtor name is spelled exactly the same across all filings so it's not a name variation issue. Is this normal for Arkansas or should terminated UCC-1s drop off the search results after a certain period? We need a clean lien search to move forward with funding but these ghost filings are making everything look messy. Anyone dealt with this in Arkansas specifically?
One more thing - if your underwriter is really concerned about the messy search results, you could always have the borrower's attorney provide a legal opinion letter stating that all terminated liens have been properly released and don't affect the current transaction. Might be overkill but some lenders require it for complex filing histories.
Quick follow-up question - when you say the debtor names are spelled exactly the same, are you including the full legal entity name with suffixes like LLC or Corporation? Sometimes the formatting differences aren't obvious but can still affect search results.
So I'm dealing with a nightmare scenario here. Had a UCC-1 filing that expired on December 15th and I completely missed the continuation deadline. Just realized it yesterday when I was doing year-end compliance checks. The original filing was for equipment financing on manufacturing equipment worth about $2.8M. My lender is absolutely going to lose their minds when they find out the security interest lapsed. I know NY allows some grace period but I'm not sure if 3 weeks is too late? Has anyone dealt with this kind of screwup before? The debtor is still current on payments but obviously that doesn't matter if our lien is worthless now. Really kicking myself for not having better calendar reminders set up.
The important thing is you caught it and you're fixing it. I've seen way worse UCC mistakes that didn't get discovered until litigation. File your new UCC-1, update your calendar systems, and move on.
One more thing to consider - if this is part of a larger credit facility, make sure you check whether the loan agreement has any specific requirements about maintaining perfected security interests. Some agreements require immediate notification of any lapses, even temporary ones.
Been dealing with a nightmare situation for the past month. Our company secured a $180K equipment loan and when I went to file the UCC-1 in Pennsylvania, the search results keep pulling up incorrect debtor information that doesn't match our borrower's legal name. The SOS portal rejected our filing twice now because of "debtor name inconsistencies" but I'm 100% certain we have the correct legal entity name from the Articles of Incorporation. Has anyone else run into issues where the Pennsylvania UCC search database seems to have outdated or conflicting business entity records? I'm worried we're going to miss our perfection window and this could void our security interest. The borrower is getting antsy about delays and I need to get this sorted ASAP. Any insights on how to resolve discrepancies between what shows up in Pennsylvania UCC search results versus the actual correct debtor name?
Just went through this exact scenario 3 weeks ago. Turned out our borrower had a name change amendment filed 6 months prior that wasn't showing up in the standard corporate search but was affecting UCC processing. Had to dig deeper into the entity history.
This thread is giving me anxiety about a filing I have due next week. Think I'm going to use one of those document checking services just to be safe.
Better safe than sorry, especially if you're dealing with Pennsylvania. Their system seems to have more glitches than most states.
Definitely recommend the Certana verification for peace of mind. Upload your docs and you'll know within minutes if there are any name consistency issues.
I'm working on due diligence for a business acquisition and need to run comprehensive UCC search reports on the target company. I've never done this before and I'm honestly overwhelmed by what I should be looking for in the search results. The company has equipment financing, inventory loans, and some real estate fixtures that might have UCC filings against them. I know I need to search under the exact legal name but I'm worried about missing variations or related entities. Does anyone have examples of what red flags look like in UCC search reports? Also, how thorough should I be with the debtor name variations - do I need to search every possible permutation of the business name? The closing is in 3 weeks and I want to make sure I don't miss anything that could affect the deal.
One thing that helped me was using Certana.ai to cross-check my search results against the company's financial statements. It caught a discrepancy where a loan showed up on the balance sheet but there was no corresponding UCC filing, which led us to discover an unrecorded security agreement that could have been a problem.
Don't panic but be thorough. I missed a fixture filing once because I only searched UCC records and not real estate records. Cost the client $50k in unexpected lien payoffs. Learn from my mistake and search everywhere.
Kayla Morgan
The debtor's loan payoff claims don't mean much without UCC-3 terminations on file. I've had borrowers show me bank statements 'proving' they paid off loans, but if there's no termination filed, that lien is still perfected against your collateral. Always verify through the public record, not debtor representations.
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James Maki
This! Learned this lesson the hard way when a 'paid off' lien turned out to still be active and we ended up in second position.
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Kayla Morgan
Exactly. The UCC filing is public notice of the lien. Until it's properly terminated, it's still valid regardless of what the debtor claims.
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Jasmine Hancock
Update: Contacted all four secured parties. Two confirmed loans were paid off but never filed terminations (they're filing UCC-3s this week). One lapsed in 2024 with no continuation. Last one is still active with a 2023 continuation. Thanks for all the advice - this thread saved me from making some big mistakes on lien priority.
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Ella Cofer
Good outcome. Always better to do the legwork upfront than deal with priority disputes later.
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Cole Roush
Wait, so you're saying some of those liens were actually dead but still showing as active in the search? That's terrifying.
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