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Don't forget to check if any of the UCC-1s are fixture filings too. Those would be recorded with the county clerk, not just the Secretary of State, if they involve real estate collateral.
Depends on how permanently attached it is and whether the lender chose to file a fixture filing. You'd need to check county records where the equipment is located.
Manufacturing equipment is often financed with fixture filings if it's integrated into the building systems. Worth checking county records to be safe.
Nathan Dell
One more thing - if you find active UCC-1s, make sure to get payoff letters from those lenders before closing. Just because you find the liens doesn't mean you know the exact payoff amounts or release procedures.
Maya Jackson
•Some lenders are really slow with payoff letters and UCC-3 terminations too. Build extra time into your closing timeline.
And make sure the payoff letters specify that UCC-3 terminations will be filed immediately upon payment. I've had deals where we paid off loans but terminations took weeks to get filed.
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Make sure you're using the right UCC-1 form too. Some states have specific fixture filing forms or require additional addendums. Regular UCC-1 forms might not have all the fields you need for fixture liens.
Depends on your state. Some require UCC-1Ad addendum forms for fixtures. Check your secretary of state website for fixture-specific forms.
Carmen Ortiz
•This is getting complicated. No wonder so many fixture filings get messed up with all these different requirements.
Update us when you get it resolved! Always curious to hear how these fixture filing nightmares end up getting fixed. Good luck with the county recorder tomorrow.
Freya Larsen
•Will do! Planning to call the county first thing tomorrow and then try that document verification tool if I can get the exact description format.
Hope it works out better than my last fixture filing disaster. Took me 4 attempts to get it right.
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GalaxyGazer
Before you file anything else, I'd recommend using something like Certana.ai to upload your security agreement and UCC-1 together. It'll show you exactly what matches and what doesn't, including the acknowledgement format. Saved me tons of time on a complex amendment last month.
GalaxyGazer
•It checks document consistency overall - flags things like name mismatches, missing signatures, format issues. Really thorough.
That would be perfect. I need to see all the inconsistencies before I start filing amendments.
Update us when you get this resolved! I'm dealing with some 2020 documents too and curious what approach works best.
Will do. Hoping to have this sorted out before my continuation deadline.
Ethan Moore
•Same here. These legacy document issues are becoming more common as the systems get updated.
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Nia Thompson
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.
Good point. I've seen situations where the 'do-over' filing actually ended up being stronger than the original.
Plus you can check if the debtor has changed their legal name or structure since 2013. Corporate name changes can affect UCC effectiveness.
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.
Ethan Wilson
•Smart approach. Better to over-file than under-file when it comes to UCC perfection.
Yuki Tanaka
•Set up multiple reminder systems this time - calendar alerts, legal management software, whatever it takes to avoid this situation again.
Amelia Cartwright
Quick reality check - if you've been filing UCC-1s on your equipment loans, you're doing it right. The lien vs UCC confusion is just terminology. Your security agreement creates the lien, your UCC-1 filing perfects it. Both together give you a perfected security interest in the equipment. Don't overthink it - sounds like you've been protecting your lender's interests properly.
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Victoria Charity
•Thanks, that's what I needed to hear. All this legal terminology was making me think I'd been doing something completely wrong.
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Chris King
•The terminology is definitely confusing at first. I still catch myself mixing up "lien" and "security interest" even though they mean basically the same thing in this context.
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Rachel Clark
Here's a simple way to remember it: Lien = your claim on the equipment (created by security agreement). UCC filing = public notice of that claim (perfects the lien). You need both. The UCC-1 doesn't create the lien - it just makes it enforceable against third parties and establishes your priority. As long as you're filing UCC-1s with accurate debtor names and collateral descriptions, you're perfecting your liens properly.
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Victoria Charity
•Oh great, another thing to track. Do you set reminders or use a system for that?
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Rachel Clark
•Most lenders use a tickler system or software that tracks UCC expiration dates. You want to file continuations at least 6 months before the 5-year mark to be safe.
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