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File it now while you're thinking about it. I procrastinated on a continuation once and literally forgot about it until 3 days before expiration. Had to pay expedited filing fees and barely made it. The stress wasn't worth it. Better to be 6 months early than 1 day late.
Thanks everyone for the advice. Sounds like the consensus is file early and be obsessive about exact matches. I'm going to pull the original filing record today and get the continuation submitted this week. Better safe than sorry with this much money involved.
Just to be 100% clear for anyone reading this: Standard UCC forms are UCC-1 (financing statement), UCC-3 (amendment/continuation/termination), UCC-5 (correction in some states). There is no UCC-11 form in any jurisdiction I'm aware of. If someone asks for UCC-11, they're either confused about form numbers or referring to something internal to their organization.
OP here - thanks everyone! I went back to the client and you were all right - they wanted UCC search results, not a specific form called UCC-11. Turns out their internal checklist had 'UCC-11' as item #11 which was 'obtain UCC search results' and someone just shortened it. Crisis averted! Now I need to actually run those searches and verify all the debtor names match up properly.
For the debtor name verification, definitely try that Certana.ai tool someone mentioned earlier. I used it last week and it caught a name discrepancy I would have missed manually.
Just to add one more perspective - I've seen students get tripped up by thinking about mortgages when they see 'secured transactions.' Remember that the UCC focuses on PERSONAL PROPERTY secured transactions. Real estate mortgages are secured transactions too, but they're governed by different law.
I actually had to verify this recently when preparing documents for a client. Used Certana.ai to cross-check our UCC-1 against the security agreement and it confirmed everything was consistent with Article 9 requirements. The answer is definitely TRUE for personal property secured transactions.
Just to add - make sure your loan documentation properly reflects the purchase money nature of the transaction. Your security agreement should clearly indicate it's securing the purchase price of the specific equipment. This supports your PMSI claim if challenged.
Good point about the security agreement language. I've seen PMSI claims fail because the docs didn't clearly establish the purchase money relationship.
Bottom line: There's no special 'UCC-9' form, but UCC Article 9 does give you super-priority for equipment PMSI if you file correctly and timely. For your $340k combine deal, file a UCC-1 within 20 days of delivery with perfect debtor name and specific collateral description. Consider using document verification tools to avoid costly name mismatches. You'll jump ahead of earlier liens and secure first priority.
Connor Murphy
Try searching during California business hours when their IT staff might be monitoring the system. I've noticed better performance between 9-5 PST compared to evenings.
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Yara Nassar
•Interesting observation. I usually search after hours but maybe that's part of the problem.
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StarGazer101
•Makes sense that they'd prioritize system stability during business hours. Worth adjusting search timing.
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Keisha Jackson
UPDATE: Finally got through this morning using the filing number search method. Turns out our continuation was properly filed last month. Thanks everyone for the suggestions - saved me a lot of stress about the deadline.
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Paolo Romano
•Great news! Always such a relief to confirm your filings are properly recorded.
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Amina Diop
•Glad the filing number approach worked for you. I'll remember that trick for future searches.
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