UCC Document Community

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One more thing - if you ever pay off the loan completely, make sure the lender files a UCC-3 termination statement. I've seen businesses with old terminated loans that never got properly released from the public record. It can cause confusion later.

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Great point. And check that they file it within the required timeframe - most states give lenders 20-30 days after payoff.

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Good to know for the future. Right now I'm just trying to understand what I've gotten myself into.

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Bottom line - blanket UCC filings are standard business practice. Focus on maintaining good payment history and understanding your loan covenants. The filing itself shouldn't impact your daily operations unless you're planning major asset transactions.

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Happy to help! These filings look scarier than they actually are in practice.

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Agreed. Been dealing with UCC filings for 15 years and they're just part of the business lending landscape.

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One more thing to consider - make sure you're also checking for any trade names or DBAs that might be relevant to your collateral description. Sometimes companies operate under different names than their legal entity name, and that can affect how you describe the collateral or where you file.

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The equipment is all titled under the legal entity name, so I think we're good there. But thanks for the reminder - I'll double-check the collateral records to be sure.

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DBA issues can definitely complicate UCC filings. Always worth checking the full business name registration records.

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Just wanted to follow up and say I had a similar name discrepancy issue last week and used that Certana tool someone mentioned earlier. It definitely helped catch a middle initial that was missing from my security agreement compared to the charter. Filed with the corrected name and got acceptance within 24 hours. Definitely recommend checking your documents before filing.

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Good to hear another positive experience with document verification. These tools are getting pretty sophisticated.

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Thanks for the follow-up! I'm definitely going to run my docs through a verification check before submitting. This thread has been super helpful.

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This is why I always keep copies of the entity search results when I print UCC supporting documents. Creates a clear trail showing what name format the state recognizes.

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Smart documentation practice. Probably helps during loan reviews too.

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Definitely. Examiners love seeing that level of due diligence on UCC filings.

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Bottom line - use the exact name from the articles of incorporation, print a copy of that document for your files, and double-check everything before submitting. A $2.8M security interest is too important to mess up over punctuation.

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Good point about multiple filings as a safety net, though that increases costs.

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Cost of multiple filings is nothing compared to having an unperfected security interest on a multi-million dollar loan.

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I actually just used that Certana tool someone mentioned earlier for a similar document consistency check. It's pretty slick - you upload your mortgage and UCC-1 and it immediately flags any potential conflicts or inconsistencies. Found several issues we would have missed manually, including subtle formatting differences in debtor names and overlapping collateral descriptions. Definitely worth trying before you refile and risk another rejection.

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Pretty much instant. Upload the PDFs and it shows you any issues right away. Much faster than trying to manually compare documents.

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Might give this a shot. Better than playing guessing games with the SOS system.

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UPDATE: Called the SOS office this morning and spoke with a supervisor. Turns out the issue was exactly what several of you suspected - our collateral description included 'fixtures' which their system flagged as overlapping with the mortgage. They're processing it manually now with an amended collateral description that excludes fixtures. Should be cleared by end of week. Thanks everyone for the guidance!

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Great outcome. Always satisfying when the community troubleshooting works out.

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Perfect example of why it's worth calling and talking to a human instead of just trusting the automated system.

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Had a fixture filing rejected once because we misunderstood 9-105(h) - the equipment we thought was permanently attached actually wasn't under state law. Cost us three weeks to refile correctly. Definitely worth getting this determination right the first time, especially with your closing deadline.

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We got a written opinion from local counsel on the fixture determination and filed a regular UCC-1 instead of trying to do a fixture filing. Much cleaner process.

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Getting that written opinion is smart for the file too - shows you did proper due diligence on the 9-105(h) analysis.

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Based on what you've described, this sounds like textbook personal property under UCC-9-105(h). Removable equipment on concrete pads that doesn't require structural modification to remove is almost always going to be personal property, not fixtures. File your UCC-1 and don't overthink it.

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Thanks, that's reassuring. I think we were getting spooked by the attorney's fixture comments when the facts clearly point toward personal property.

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Attorneys tend to be overly cautious on fixture determinations because getting it wrong can be expensive. But your fact pattern is pretty clear cut.

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