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This whole thread is a perfect example of why UCC filing is more complicated than people think. You can't just copy names from loan documents and assume they'll match what the state has on file. Due diligence on the front end saves so much headache later.
That's a scary thought. How many liens out there do you think have name issues that nobody has caught yet?
Thanks for posting this question and the follow-up. I'm dealing with a similar situation in South Carolina and this thread gave me the roadmap to resolve it. Going to call the UCC division tomorrow before submitting anything.
Good luck! Make sure you have the entity ID number ready when you call - they can look it up faster that way.
Let us know how it goes. Always helpful to hear about other people's experiences with the SC office.
This thread has been really helpful. I was starting to second-guess my understanding of UCC continuation requirements. Sounds like the key is to separate contractual obligations from UCC statutory requirements and focus on the 6-month continuation window. I might try that Certana tool mentioned earlier to double-check my document consistency.
Definitely worth trying. It's pretty quick to upload documents and get a consistency check. Saved me from a potential filing error.
Good idea. Better to be safe with these high-value collateral filings.
One last thing to consider - make sure you're monitoring the debtor's corporate status. If the company has changed names or merged since the original UCC-1 filing, you might need to file a UCC-3 amendment before or along with your continuation to update the debtor information. This is especially important with capital equipment where the values are high.
Corporate changes are easy to miss but can invalidate your security interest if not handled properly. Always worth checking.
Secretary of State corporate search is usually pretty easy to do online. Good practice to check before any UCC filings.
Don't forget about the continuation requirements once you file. UCC-1 filings are only effective for 5 years, so you'll need to file a continuation statement before it lapses if you want to maintain your perfected status.
Good reminder. I've seen people go through all this work to get perfected and then let it lapse by forgetting about the continuation deadline.
Just to circle back to your original question - yes, security agreements can be oral, but getting it in writing now is definitely the smart move. It protects everyone involved and makes the UCC filing process much cleaner. Take your time with the debtor name verification - that's where most filing problems occur.
Thanks everyone for all the guidance. I feel much more confident about moving forward with this now. Going to start with getting the exact legal name documentation and then work through the rest systematically.
Document everything - every phone call, every letter, every attempt to contact the secured party. If you end up in court or need to file a complaint with banking regulators, you'll need a paper trail showing you made good faith efforts to resolve this properly.
Certified mail is your friend here. Send formal demands for termination via certified mail to every address you can find associated with the secured party or their successors.
And keep copies of returned mail if addresses are invalid. That's evidence of their failure to maintain proper contact information as required.
UPDATE: Thanks everyone for the advice. I found a UCC-3 assignment from 2022 that I had missed - turns out the lien was transferred to a subsidiary of the bank that bought the original lender. Finally got through to the right people and have a termination in process. Sometimes you just need to dig deeper into the filing records.
Glad you got it sorted out! This is exactly the kind of thing that document verification tools are designed to catch - all those related filings that are easy to miss in manual searches.
Perfect example of why keeping detailed records and being persistent pays off. Hope your refinancing goes smoothly now.
Honorah King
This thread is so helpful! We've got about 30 student debtor policy cases coming up for continuation next year and I was dreading it. Sounds like the key is to check everything thoroughly before filing and be prepared to do amendments first for name changes. The document verification tool mentioned sounds like it could save a lot of time too.
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Oliver Brown
•Definitely get ahead of it early. Don't wait until the last minute before the 5-year deadline.
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Honorah King
•Good advice. I'll start pulling all the files and checking for potential issues now.
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Mary Bates
One more tip for student debtor policy cases - make sure you're tracking the continuation deadlines correctly. We almost missed one because we calculated from the wrong date. The 5-year period runs from the original UCC-1 filing date, not from when the debtor graduated or changed their name. Seems obvious but easy to confuse when you're dealing with multiple name changes and amendments.
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Mary Bates
•Exactly. The amendments don't reset the 5-year clock.
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Ayla Kumar
•This is why I keep a detailed tracking spreadsheet for all our UCC filings. Too easy to miss deadlines otherwise.
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