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Real quick example from this morning: Filed UCC-1 for ABC Widgets LLC (debtor), First Bank Equipment Finance (secured party), collateral was 'all machinery and equipment used in debtor's widget manufacturing operations.' Simple and specific. Filed online in Ohio, cost $30, took 10 minutes once I had all the info ready.
One more thing nobody mentioned - search the UCC records BEFORE you file to see what else might be out there. You want to know if other lenders have prior liens on the same collateral. Most SOS websites have search functions for this.
Been doing Nevada UCCs for 15 years and the comma issue never gets old. The state system is very literal about name matching. Use their exact format and you'll be fine.
Update: Filed with the exact name from nevada business name search and it was accepted within 24 hours. Thanks everyone for the advice about using the state database version rather than the loan docs!
For what it's worth, I've started doing parallel searches in neighboring states if the debtor has multi-state operations. Sometimes filings get made in different states and you need the full picture.
Have you tried searching by secured party name instead of debtor name? Sometimes that gives different results and you can work backwards to find what you're looking for.
Just went through something similar with a $600k equipment purchase. Seller's bank was dragging their feet on the UCC-3 terminations because they needed internal approvals. We ended up extending the closing date twice before everything got sorted out. Frustrating but definitely better than closing with active liens.
About a week from when they filed the UCC-3s to when everything showed up as terminated in all the state databases. The actual filing was quick, but waiting for the database updates took time.
Why not make the UCC terminations a condition precedent to closing? Put it right in the purchase agreement that seller must provide evidence of all UCC-3 terminations being filed and effective before the closing can occur. That way it's legally binding and not just a gentlemen's agreement.
Same day filing and database updates are risky. What if there's an error in the UCC-3 and it gets rejected? Then you're stuck having already closed with liens still active.
Gemma Andrews
Just wanted to add that if this is your first time filing, it might be worth having someone experienced review your draft before you submit. A rejected filing can delay your loan closing.
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Rita Jacobs
•Good point. I think I'll use that document checker tool and maybe have our attorney glance at it too before I hit submit.
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Khalid Howes
•Definitely a wise approach for your first filing. Once you've done a few you'll get comfortable with the process.
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Pedro Sawyer
Update us on how it goes! Always curious to hear success stories from first-time filers.
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Rita Jacobs
•Will do! Feeling much more prepared now thanks to everyone's help. Going to tackle this tomorrow morning when I'm fresh.
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