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Ella Cofer
The Article 9 definition that always trips me up is 'consumer goods' under 9-102(a)(23). It's goods used or bought for use primarily for personal, family, or household purposes. But the 'primarily' qualifier creates gray areas when someone uses goods for both personal and business purposes.
Kevin Bell
•Consumer goods classification is huge for enforcement. If you get it wrong, you might lose your security interest or face different notice requirements.
I had a case where a contractor used his pickup truck 40% for business, 60% personal. Classified as consumer goods and it affected our repossession procedures.
After years of dealing with Article 9 definitions, I've learned to be very precise in my collateral descriptions. The definitions in 9-102 are your bible, but remember that different states sometimes have variations or interpretations. What matters is that your description accurately reflects what you're securing and uses language that's consistent with the definitions.
Max Reyes
•This is why I always check the specific state's version of Article 9 before filing. Can't assume it's identical to the uniform version.
Thanks everyone, this has been incredibly helpful. I feel much more confident about applying Article 9 definitions to my collateral descriptions now.
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Luis Johnson
Just to confirm - you're filing a UCC-3 continuation, not a UCC-3 amendment, right? I ask because continuation vs amendment gets confused sometimes and they have different requirements for name matching.
Yes, definitely filing a continuation. The UCC-1 expires next month so I need to extend the effectiveness period.
Luis Johnson
•Good, just wanted to make sure. Continuations should be straightforward if the names match exactly.
Chloe Zhang
Update us when you figure this out! I'm dealing with Hawaii filings regularly and would love to know what the actual issue was. These mystery rejections are so frustrating when you're working against a deadline.
Ellie Kim
•Hope you get it sorted out. That deadline pressure is the worst part of these filing issues.
Fiona Sand
•Following this thread too. Have a Hawaii continuation coming up and want to avoid the same problems.
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Ethan Davis
Quick question - if the UCC-1 was filed electronically, does the continuation also have to be filed electronically? Or can it be paper?
Most states accept either electronic or paper continuations regardless of how the original was filed. Electronic is usually faster and cheaper though.
Ethan Davis
•Makes sense, thanks for clarifying that.
Yuki Tanaka
Update: I talked to our loan officer today and they confirmed the UCC-1 expires in March 2025. They're planning to file the continuation in December 2024. Thanks everyone for the helpful information - this thread really helped me understand the process better!
Great to hear you got it sorted out! December filing gives you plenty of buffer time.
Luca Conti
•Perfect timing. You're all set then. Just keep that confirmation email for your records.
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Ethan Moore
Just make sure you're complying with your state's specific UCC notice requirements. Some states have additional requirements beyond the basic UCC article 9 rules. Check with a local attorney if you're unsure.
Omar Farouk
•We're in Texas. The debtor is a Texas LLC and equipment is located here too, so should be straightforward Texas law.
Ethan Moore
•Texas follows standard UCC pretty closely but definitely verify. Texas has good UCC resources on the Secretary of State website.
StarSurfer
The fact that you're asking these questions shows you're taking it seriously. That's half the battle. Document everything, follow the rules, and you should be fine. The UCC disposition process works well when done properly.
Omar Farouk
•Appreciate all the advice. This forum has been incredibly helpful. Will update once we complete the sale process.
Carmen Reyes
•Please do update us. Always good to hear how these situations resolve. Good luck with the sale!
Liam McGuire
The bottom line is your rights don't change but the public records should be updated. If Apex hasn't filed a UCC-3 yet, I'd ask them directly about their timeline. Most professional lenders handle this automatically within a few weeks of acquiring the loan. If they seem clueless about it, that might be a red flag about their competence.
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Giovanni Greco
•Exactly. I'd want to see proof that they know what they're doing before trusting them with my collateral.
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Fatima Al-Farsi
•This is why I always request copies of all UCC filings from any new lender. Makes it clear they need to stay on top of the paperwork.
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Dylan Wright
Update: talked to Apex today and they said they filed the amendment last week. Going to check the state database tomorrow to verify. Thanks everyone for the advice - definitely learned more about UCC transfers than I expected to!
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GalacticGuardian
•Let us know what you find! Always curious to hear how these situations work out.
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Dmitry Smirnov
•If you want to double-check that everything matches up properly, that Certana tool someone mentioned earlier is pretty handy for comparing the amendment against your original docs.
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