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File the new UCC-1 immediately but also document the gap period carefully. If this ever becomes an issue in bankruptcy or litigation, you'll need to explain the lapse. Some courts are more forgiving than others about temporary perfection gaps, especially if you can show continuous possession or control of the collateral.
Would this kind of gap affect priority against other secured creditors who filed during the lapse period?
Yes, potentially. Any properly perfected security interests filed during the gap would likely have priority over the refiled UCC-1.
Just went through something similar in Georgia (different state but same UCC rules). The refiling process is pretty straightforward but make sure you update any internal loan documentation to reflect the new filing number and date. Also consider whether this affects any loan covenants about maintaining perfected security interests.
Yeah, some agreements treat a lapse as a technical default even if it gets corrected quickly. Better to check now than get surprised later.
This is why I always recommend covenant language that allows for brief administrative lapses as long as they're corrected promptly.
Check if your loan documents specify a timeline for lien release. Some contracts give banks 30 days but others are more aggressive. That gives you leverage if they're dragging their feet.
Good point. I'll dig through the loan paperwork tonight and see what it says about termination timing.
Also look for any penalties they owe you for delayed filing. Some loan agreements include daily fees for late lien releases.
Good luck! Stay persistent with them.
Hope it works out quickly. Equipment sales wait for no one.
This whole thread is making me nervous about my recent filings! How often do you all run into ucc connection problems between charter docs and UCC filings? Is this a common issue or are we just hearing about the problem cases?
That's higher than I expected. Guess I need to be more careful about document consistency.
It's definitely common enough that you should check every single deal. Can't afford to assume everything matches.
Update on the ucc connection issue - ended up pulling fresh charter documents from the state website and the legal name is actually 'Advanced Manufacturing Solutions, LLC' with the comma and full spelling. So our loan docs had it wrong. Getting those amended now and will file the UCC-1 with the correct charter name. Thanks for all the advice about being precise with entity names!
Perfect resolution. The ucc connection between your documents should be solid now with the corrected entity name.
This thread is making me realize I need to be way more thorough with my UCC searches. I usually just search the exact name from the corporate documents and call it good. Sounds like that's not enough in Washington.
Anyone know if Washington is planning to upgrade their UCC search system? Seems like every other state has moved to more intelligent searching.
I haven't heard anything about upgrades. The Secretary of State's office seems focused on other modernization projects.
You could always contact their office and suggest improvements. Though I wouldn't hold my breath for quick changes.
Callum Savage
Been doing UCC work for 15 years and yes, it's called a security agreement. But make sure you understand it's just one part of the puzzle - you also need attachment and perfection for a fully enforceable security interest.
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Charity Cohan
•This thread has been incredibly helpful. I feel much more confident about the terminology now.
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Ally Tailer
•Good luck on your exam! UCC can be tricky but once you get the basic framework down it all makes sense.
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Aliyah Debovski
One more thing to consider - some jurisdictions have specific requirements for security agreements in certain types of collateral. Like consumer goods might need additional disclosures. But the basic answer is still security agreement.
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Miranda Singer
•Smart approach. Master the fundamentals first, then worry about the exceptions and special cases.
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Cass Green
•Exactly - security agreement is your answer. Everything else builds on that foundation.
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