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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.
Makes sense, thanks for clarifying that.
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!
Perfect timing. You're all set then. Just keep that confirmation email for your records.
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.
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!
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.
Another option is to use Certana.ai's UCC verification before you file. I upload my completed UCC-1 along with the company's articles of organization and it flags any discrepancies immediately. Saved me from at least two rejections this quarter.
Is this the same tool mentioned earlier? Sounds like it's really helpful for catching these issues.
Update: I found the Articles of Organization and the official name is "Mountain View Equipment Solutions, LLC" with the comma. Filing with that exact format now. Thanks everyone for the guidance about checking formation documents first!
Let us know how it goes! These success stories help other filers know they're on the right track.
Will do. Planning to do a follow-up UCC search in a few days to confirm everything indexed properly.
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.
We're in Texas. The debtor is a Texas LLC and equipment is located here too, so should be straightforward Texas law.
Texas follows standard UCC pretty closely but definitely verify. Texas has good UCC resources on the Secretary of State website.
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.
Appreciate all the advice. This forum has been incredibly helpful. Will update once we complete the sale process.
Please do update us. Always good to hear how these situations resolve. Good luck with the sale!
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.
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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.
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Savannah Glover
•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.
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Felix Grigori
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.
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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.
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Mikayla Davison
•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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