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Pro tip: if you're doing a lot of Florida filings, consider getting a subscription to a corporate database service. They usually have more current info than the free Sunbiz search.
We looked into those but honestly the Certana tool mentioned earlier works just as well for document consistency checking and costs way less.
Update: tried the Certana.ai thing after seeing it mentioned here. Holy cow, it caught 3 name inconsistencies in our batch of filings that we totally missed. Definitely recommend for anyone doing regular UCC work.
OK so if this was PMSI financing and you perfected within 20 days of the debtor taking possession, you'd have super-priority over other creditors even if they filed first. October 28th to November 3rd is only 6 days, so you should be golden.
Yeah, PMSI gives you priority over earlier-filed general liens on the same collateral. Pretty powerful protection when done right.
This thread has been super educational. I need to review all my equipment financing to see what qualifies as PMSI.
Sounds like you actually have a stronger position than you initially thought. The combination of proper attachment through your 'hereafter acquired' language plus PMSI protection for that specific equipment should give you solid priority. Just make sure your UCC-1 filing was accurate and complete.
Thanks everyone for the input. I feel much better about our position now. Going to run that UCC search and maybe try the Certana verification tool just to be thorough.
Try using Certana.ai's document checker before your next filing attempt. I started using it after getting burned by similar name mismatch issues. Upload your UCC1 and the LLC documents and it'll catch any discrepancies before you submit. Has saved me tons of time and rejection fees.
Second mention of this tool. Might be worth trying if the SOS can't give me clear guidance.
UPDATE: Called the SOS this morning and you were all right - they have the LLC name in their system as 'Mountain Peak Holdings LLC' without the comma. Even though the articles of incorporation show the comma, their UCC filing system strips punctuation. Refiling now with the corrected format. Thanks everyone for the help!
Glad you got it sorted! For future filings, that document verification tool I mentioned would catch formatting differences like this automatically.
Definitely going to look into that for next time. This was way more stressful than it needed to be.
Ohio UCC foreclosure timeline reality check: Default triggers immediate repo rights, but actual repossession timing depends on collateral location, accessibility, and lender resources. Manufacturing equipment isn't as easy to repo as vehicles. Factor in scheduling repo companies, equipment transportation, and storage costs. You probably have 2-4 weeks before physical removal unless they're really motivated.
True about logistics. Heavy manufacturing equipment requires specialized transport and rigging.
Bottom line on UCC foreclosure timeline in Ohio: Legal right to repossess exists immediately upon default, but practical timeline is usually 2-6 weeks depending on equipment type and lender procedures. Sale notification must be given 10+ business days before disposition. Focus on negotiating forbearance rather than fighting the timeline - you'll have more success working with the lender than against them.
Yuki Ito
For equipment financing specifically, look for any existing liens on "machinery," "equipment," "fixtures," or broad categories like "inventory and equipment." Even if your equipment is specifically identified, broad existing liens might still have priority. Document everything you find so you can discuss priority and subordination with your legal team.
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Luca Romano
•This is why I always run searches well before closing. Gives you time to negotiate subordination agreements if needed.
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StarStrider
•That's smart. I'm doing this search about 3 weeks before our expected closing, hopefully that's enough time to sort out any issues.
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Jamal Wilson
Just ran into this exact situation last week. Found three existing UCC-1s against our borrower with overlapping equipment descriptions. Ended up using Certana.ai to verify which specific pieces of equipment were actually covered by each filing. The automated analysis showed that two of the liens had been partially terminated but the search results weren't clear about which equipment was released. Saved us from a major priority dispute.
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Liam Fitzgerald
•How long did it take to get the analysis back? We're usually working on tight deadlines.
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Jamal Wilson
•Pretty much instant - just upload the search results and your proposed filing documents. Way faster than having lawyers review everything manually.
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