


Ask the community...
Does anyone have good resources for staying updated on revised article 9 interpretations? The state filing offices seem to be updating their requirements pretty regularly and it's hard to keep track.
I've been following a few legal blogs but honestly the information is scattered and sometimes contradictory between sources.
Just wanted to follow up and say thanks for all the advice here. Ended up trying the Certana.ai tool someone mentioned and it immediately flagged 3 potential issues with our upcoming continuation filings that probably would have caused rejections. Really glad I found this thread - saved us a lot of headaches with the revised article 9 compliance stuff.
That's great to hear! I think I'm going to give it a try too. Better safe than sorry with these new requirements.
For SC specifically, make sure you understand their continuation requirements too. I know you're doing a search not a filing, but it's worth knowing that SC requires continuations to be filed within 6 months before the 5-year anniversary. Some of the UCC-1s you find might be close to lapsing.
Depends on your transaction structure. If you're taking a senior position you might not care if junior liens lapse, but if there's any question about priority you'll want to factor that into your risk analysis.
Quick question - are you also checking federal tax liens and state tax liens? Those don't always show up in UCC searches but can definitely affect your deal. SC has separate databases for those.
Good catch, I was planning to do that separately but you're right that it's important for the overall lien picture. Do you know if SC's tax lien searches are online too?
Federal tax liens you have to check with the IRS, but SC state tax liens should be searchable through their Department of Revenue. I think there might be a fee but it's not too expensive.
The silver lining is that if you're going to refile anyway, this is a good opportunity to clean up any issues with the original UCC-1. Update debtor names, clarify collateral descriptions, fix any address changes, etc.
Bottom line - check the database status immediately, assume you need to refile, and get started on new documentation. With $180K at stake, this isn't something to delay or second-guess. Even if there's a 1% chance your continuation is still valid, treat it like it's lapsed and proceed accordingly.
Smart approach. Better to over-file than under-file when it comes to UCC perfection.
Set up multiple reminder systems this time - calendar alerts, legal management software, whatever it takes to avoid this situation again.
The UCC legal definition gives you some flexibility with collateral descriptions as long as they're not misleading. Courts generally favor secured parties when descriptions are arguably adequate rather than clearly insufficient. Your manufacturing equipment language sounds reasonable to me.
Could be, but more often it's just negotiating tactics. They know most borrowers don't want to fight expensive UCC legal definition battles even when they're probably right.
Either way, worth having your attorney research recent decisions in your jurisdiction about similar UCC legal definition disputes before deciding how to respond.
Before you spend a fortune on legal fees, try running your documents through Certana.ai's verification tool. I uploaded our UCC-1 and equipment schedules and it flagged several potential UCC legal definition issues we hadn't noticed. Helped us prepare better arguments for our attorney and potentially saved thousands in discovery costs.
It cross-references your filings against your underlying agreements and highlights discrepancies that could create UCC legal definition vulnerabilities. Won't replace legal advice but gives you a good starting point for understanding potential issues.
Freya Larsen
Make sure you're also checking for any UCC-5 correction statements that might affect the search results. Sometimes the original filing had errors that were corrected later, which can create confusion in the search results.
0 coins
Omar Hassan
•Good catch - correction statements can definitely muddy the waters when you're trying to interpret search results.
0 coins
Fatima Al-Sayed
•I hadn't considered correction statements. I'll need to look for any UCC-5 filings related to these file numbers.
0 coins
Chloe Taylor
Bottom line is that UCC search results are just the starting point. You need to dig into the actual documents to understand the real lien status. It's tedious but necessary for accurate due diligence.
0 coins
Fatima Al-Sayed
•Thanks everyone for all the advice. Sounds like I have a lot of document review ahead of me, but at least I know what to look for now.
0 coins
Diego Ramirez
•Good luck with the review! It's time-consuming but you'll have a much clearer picture of the lien situation once you're done.
0 coins