UCC Document Community

Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
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Mei Lin

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One last piece of advice - double-check what state you need to file in. It's usually the state where your business is organized/incorporated, not necessarily where you're located or where the equipment will be used. If you file in the wrong state, the whole thing is useless.

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Mei Lin

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For a Delaware corporation, yes, you'd typically file the UCC-1 in Delaware regardless of where your business operates.

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Diego Vargas

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Correct, it's based on the state of organization for corporate entities. This is a common mistake that can completely invalidate the filing.

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Millie Long

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Thanks everyone for all the helpful advice! This is way clearer now. Just to make sure I have this right - I need to file a UCC-1 in Delaware (since we're incorporated there) with our exact legal name from our articles of incorporation, include a specific description of the equipment as collateral, and get this done before or shortly after the loan funding. I'm definitely going to check out that Certana tool to verify everything before filing - sounds like it could save me from making costly mistakes. Really appreciate everyone taking the time to explain this stuff!

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You've got it exactly right! One small addition - make sure to keep copies of everything and set a calendar reminder for about 4.5 years from now for the continuation filing if your loan term is longer than 5 years. The Delaware Secretary of State website is actually pretty user-friendly for UCC filings compared to some other states. Good luck with your equipment financing!

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Ava Martinez

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Make sure you coordinate with your bank too. They'll probably want to see the UCC search results and termination filing before they fund your loan. Some banks will even handle the UCC verification as part of their lending process.

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AstroAce

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That's a good point. I should probably give my loan officer a heads up about the UCC situation.

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Ava Martinez

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Definitely. They deal with this all the time and can guide you through their specific requirements for clear title.

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Just want to add that timing is crucial here. Make sure you structure the sale so that the UCC termination happens at closing, not before you pay. I've seen deals where buyers paid first expecting the seller to handle the lien clearance later, only to have issues when the seller didn't follow through. Your purchase agreement should specify that clear title (including UCC termination) is a condition of closing. Also, if you're doing the transaction through an escrow company, they can coordinate the payoff and termination filing to ensure everything happens in the right sequence.

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Nalani Liu

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Absolutely! That's exactly how it should work. The escrow company acts as a neutral third party - they'll coordinate with the seller's lender to get the payoff amount, hold your funds until the UCC-3 termination is filed and verified, then release payment to the seller and the lienholder simultaneously. It eliminates the risk of paying first and hoping the seller follows through. Make sure your purchase agreement specifically states that "delivery of clear title evidenced by filed UCC-3 termination statement" is a condition precedent to closing. Worth the small escrow fee for that peace of mind on an $85k purchase.

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Justin Trejo

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This is really helpful information about using escrow! I'm new to equipment purchases and wasn't sure how to protect myself in this situation. One question - how do I find a reputable escrow company that handles equipment transactions? Do I need to use one that specializes in UCC transactions, or can any escrow company handle this type of closing?

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NeonNova

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Bottom line - if you're going to buy UCC lists, treat them as one piece of a larger lead generation strategy, not a silver bullet. The real value comes from how you use the data, not just having the data itself.

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Zainab Ismail

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This thread has been incredibly helpful. Sounds like I need to temper my expectations and focus more on data quality than quantity. Thanks everyone for the practical advice.

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Yuki Tanaka

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Good luck with whatever approach you choose. Feel free to circle back and let us know how it works out.

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Michael Adams

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As someone new to equipment financing, this discussion has been eye-opening about the complexities of UCC data sourcing. I'm curious about the timing aspect - when you're targeting businesses with existing UCC filings for refinancing opportunities, how do you determine the optimal time to reach out? Is there a sweet spot in the loan lifecycle where borrowers are most receptive to refinancing discussions, or does it vary significantly by industry and equipment type?

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Dmitry Popov

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Great question! From my experience, the timing really depends on the original loan structure. For traditional 5-7 year equipment loans, businesses often start considering refinancing around the 18-24 month mark if rates have dropped or their credit profile has improved. Construction equipment tends to have shorter cycles due to project-based cash flow, so they might be open to discussions earlier. I've found that monitoring payment histories through credit reports alongside UCC data helps identify the right timing - companies making payments on time but showing cash flow stress elsewhere are often prime refinancing candidates.

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Miguel Harvey

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One thing I'd add is that timing matters a lot with UCC searches. If you're doing due diligence for an acquisition or major financing, run the searches as close to closing as possible - new filings can appear between your initial search and the transaction date. We learned this when a supplier filed a UCC-1 against equipment we thought was unencumbered, just two days before our planned closing. Always budget for last-minute search updates in your timeline.

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This is such a crucial point that doesn't get enough attention. We had a similar situation where a UCC-1 was filed literally the day before our closing, and it completely changed the deal structure. Now we always do a final search 24-48 hours before any major transaction closes. The small additional cost is nothing compared to the potential problems from missing last-minute filings.

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Danielle Mays

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One more practical tip for anyone getting started with UCC searches - if you're working with equipment financing or asset-based lending, ask your lender upfront which states they'll be searching and get a copy of their search strategy. Different lenders have different approaches, and some are more thorough than others. I've seen deals where the borrower assumed the lender would catch everything, but they only searched the state of incorporation and missed filings in states where the company actually operates. Better to understand their process and potentially supplement with your own searches if there are gaps. Also, if you're in a multi-state business, consider whether you need searches in all states where you have significant assets - the rules vary by state and asset type.

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Juan Moreno

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This is really helpful advice about coordinating with lenders on search strategy. I'm curious - when you mention "rules vary by state and asset type," are there specific examples of how different states handle UCC filings differently? For instance, are there states where certain types of equipment need to be filed at the county level instead of state level? I want to make sure we're not missing anything when we start our equipment financing process.

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Malik Davis

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Bottom line - you need to identify the specific UCC filing that's causing the hold, then get it properly terminated or prove it's already lapsed. Don't let your lender leave you hanging with vague explanations about 'UCC holds' without giving you the specific details to resolve it.

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Malik Davis

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Good plan. And if they give you any pushback, remind them they have a legal obligation to file terminations after payoff.

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Also document everything. Keep records of all your communications in case you need to escalate or take legal action to get the lien released.

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Donna Cline

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As someone who's dealt with UCC complications before, I'd recommend also checking if there are multiple UCC filings under different variations of your business name or EIN. Sometimes lenders file under slightly different entity names, and you might have missed one when you thought everything was cleared. Also, if you're in a rush, you can sometimes get an estoppel letter from the original lender stating the debt is satisfied - this can help your new bank move forward while the formal UCC-3 termination is being processed. The key is being proactive and not waiting for the lenders to handle this automatically.

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Gavin King

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This is really helpful advice, especially about the estoppel letter! I hadn't thought about there potentially being multiple filings under different name variations. Given that my business did reorganize as an LLC, there could definitely be filings under both the old and new entity names that I need to track down.

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