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I actually had success calling the Georgia SOS UCC department directly when I had questions about search results. They can sometimes clarify whether filings are related or help you understand what you're seeing. Their number is on the website.
Good idea, though I'm not sure they can give legal advice about lien priority or whether names refer to the same entity.
This thread is making me realize I probably need to be more thorough with my Georgia UCC searches. I usually just do one search with the exact corporate name and call it done. Sounds like that's not sufficient.
One more validation point - I used to work in a bank's loan operations department and we saw UCC 1-308 notations regularly. Never once did it affect our continuation filing procedures or create any issues with our security interests. It's just borrower paranoia that doesn't translate to UCC filing complications.
Great insight from someone who dealt with this professionally. That's exactly the kind of real-world experience that puts these concerns in perspective.
For what it's worth, I had a debtor challenge a continuation filing once claiming their UCC 1-308 notation invalidated our security interest. The judge basically laughed it out of court. The notation has no bearing on properly perfected UCC filings. Your continuation will be fine if you follow standard procedures.
Did the judge explain why the notation was irrelevant?
Judge said UCC 1-308 relates to contract interpretation, not perfection of security interests. Two completely different areas of law.
This thread is exactly why I always double-check everything manually even with automated systems. Technology is great until it's not, and UCC filings are too important to trust blindly to any software system.
Update us when you figure out the root cause! This could affect a lot of ALCS users and it would be helpful to know what the fix ended up being.
Will do. Planning to check the field mappings first, then look into the version upgrade if that doesn't solve it.
Don't forget to cover termination procedures when loans are paid off. You need to file a UCC-3 termination statement within a certain timeframe, and some states have penalties for failing to terminate when required. It's not just good practice, it's legally required in most cases.
Usually 20 days after payoff for consumer goods, longer for other collateral. But check your state's specific requirements. Some states are stricter than others.
This thread has been incredibly helpful. I'm putting together similar training for our agricultural lending division. Farming operations have unique collateral issues - crops, livestock, equipment that moves between fields. Any specific Article 9 considerations for ag lending?
Crop financing often involves purchase money security interests with specific notice requirements. And don't forget about agricultural liens that might have priority over UCC security interests.
Adrian Hughes
The practical impact of UCC 1-203 on your filing strategy is pretty straightforward - be accurate, be honest, and be reasonable. Don't try to game the system or hide information. For your equipment deal, make sure your UCC-1 description aligns with your security agreement and that you're not overstating what you're claiming as collateral.
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Victoria Scott
•Thanks, that's really helpful. I think I was overcomplicating this in my head. It sounds like following standard best practices should cover the 1-203 requirements.
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Adrian Hughes
•Exactly. UCC 1-203 is more about preventing abuse than creating new technical requirements. If you're doing things the right way anyway, you're probably already complying with the good faith standard.
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Molly Chambers
One thing I'd add about UCC 1-203 and equipment financing - the good faith requirement can become relevant if you need to do a fixture filing. If any of your manufacturing equipment becomes fixtures, you need to handle that filing properly and in good faith, which might mean coordinating with real estate lenders or ensuring proper notice to the property owner.
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Molly Chambers
•Right, and if you know equipment will become fixtures but don't handle the fixture filing properly, that could be seen as bad faith under 1-203. Better to address it upfront.
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Ian Armstrong
•Fixture filings are tricky anyway - adding the good faith requirement makes it even more important to get them right the first time.
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