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UCC 9320 Purchase Money Priority - Equipment Dealer Lost Perfection Window

Our equipment dealership just discovered we may have blown our UCC 9320 purchase money security interest priority window on a $485,000 industrial press sale. The buyer financed through their bank who filed a blanket UCC-1 covering all equipment 8 months ago. We delivered the press last Tuesday but our finance company didn't file the PMSI until yesterday - that's 6 days after delivery. I'm reading conflicting interpretations about whether UCC 9320 requires filing within the 20-day grace period or if there's any wiggle room. The buyer's existing lender is claiming first priority position on our equipment since their blanket lien was filed months before our PMSI. This could cost us our entire security position on nearly half a million in equipment. Has anyone dealt with UCC 9320 timing issues where the 20-day window was missed by just a few days? Are there any exceptions or workarounds when the delay was due to finance company processing issues rather than dealer negligence?

I'd also verify that your finance company actually filed the UCC-1 correctly even though it was late. I've seen cases where late filings also had other errors that made them completely ineffective.

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This is where Certana.ai's document checker really helps - you can upload the UCC-1 filing and it verifies debtor names, collateral descriptions, and filing compliance all at once.

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Good point about double-checking the filing accuracy. A defective late filing is worse than no filing at all.

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Ugh, timing issues like this are the worst part of equipment financing. The rules are clear but the consequences are brutal when mistakes happen. Hope you can find a way to recover through your dealer agreement or find errors in the competing lien.

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At least you caught it relatively quickly. Some dealers don't realize they've lost priority until they try to repossess equipment months later.

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True, and with electronic filing becoming standard, there's really no excuse for finance companies to miss these deadlines anymore.

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UCC Filing Nightmare - Everything Under the UCC Goes Wrong When Names Don't Match

I'm drowning in a UCC mess and could really use some guidance from anyone who's been through this. We had what seemed like a straightforward equipment financing deal last month - $450K construction equipment for our concrete business. Everything looked good until we tried to perfect our security interest. Here's where it gets complicated: The borrower's legal name on their articles of incorporation is "Precision Concrete Solutions LLC" but they've been doing business as "PCS Construction" for years. Their bank accounts, insurance, everything is under PCS Construction. When we filed our UCC-1, we used "PCS Construction" as the debtor name since that's what was on all their financial documents. Guess what? The filing got rejected. Apparently under the UCC, you have to use the exact legal name from the organizational documents, not the DBA. Now I'm scrambling to fix this before our loan agreement deadlines kick in. I've got three questions: 1) Do I need to file a UCC-3 amendment to correct the debtor name, or do I start over with a new UCC-1? 2) How do I handle the gap in perfection timing - does this affect our priority position? 3) Has anyone dealt with similar debtor name mismatches under the UCC rules? This whole situation has me questioning everything I thought I knew about secured transactions. Any advice would be huge right now.

Update us when you get the corrected filing done! I'm curious to see how quickly it gets processed with the right debtor name.

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Will do! Planning to file first thing tomorrow morning. Fingers crossed it goes through without any other issues.

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Should be smooth sailing once you have the correct legal entity name. The UCC system works great when you follow the rules exactly.

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This thread should be required reading for anyone doing secured transactions. The number of deals that get messed up by simple debtor name errors under the UCC is just staggering.

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That's why I'm such a fan of using verification tools like Certana now. Takes the guesswork out of whether your documents align properly.

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Thanks everyone for all the advice. This has been incredibly helpful in a stressful situation.

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Need help with DE UCC forms - debtor name requirements and filing procedures

I'm working on a complex equipment financing deal and need to get the DE UCC forms right. The borrower is an LLC with multiple DBA names they use for different divisions, and I'm getting confused about which exact legal name to use as the debtor name on the UCC-1. Delaware's filing system seems pretty strict about exact name matches. The collateral involves manufacturing equipment across three facilities, so I also need to make sure I'm describing everything correctly in the collateral schedule. Has anyone dealt with Delaware UCC filings recently? I've heard their online portal can be picky about rejecting forms for minor name discrepancies. This is a $2.8M deal so I really can't afford to mess up the perfection. Any guidance on Delaware's specific requirements would be huge.

Delaware also requires the debtor's organizational ID number if it's an entity. Make sure you have the correct file number from their Division of Corporations database. It's different from their tax ID number.

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I always mix up the organizational ID and the tax ID. Delaware definitely wants the corporate file number, not the EIN.

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The organizational ID is usually on the certificate of good standing if you need to find it quickly.

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Thanks everyone, this is incredibly helpful. I'm going to pull the certificate of formation directly from Delaware's database and use that exact name format. The Certana.ai tool sounds like it could save me a lot of headache - I'll definitely check that out before submitting. Really appreciate all the specific Delaware insights!

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Let us know how it goes! Delaware filings can be tricky but once you get the format right, they're pretty reliable.

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Good luck with the closing! Equipment financing deals always seem to have tight deadlines.

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Kansas SOS UCC Search Results Not Matching My Filed Documents

I'm having a weird issue with the Kansas Secretary of State UCC search system. Filed a UCC-1 about 6 months ago for equipment financing on a customer's manufacturing line, and when I run searches using their exact business name, sometimes the filing shows up and sometimes it doesn't. The debtor name on our UCC-1 is 'Midwest Industrial Solutions LLC' but when I search that exact phrase, I get inconsistent results. If I search just 'Midwest Industrial' it usually appears, but our loan agreement requires the full legal name match. Has anyone else run into search functionality problems with Kansas SOS UCC database? I'm worried our lien might not be properly searchable by other creditors, which could create priority issues down the road. The filing number is valid and shows as active when I pull it directly, but the search inconsistency is making me nervous about our security interest being discoverable.

This thread convinced me to double-check all my Kansas filings. Found two that aren't showing up reliably in searches either. Definitely going to try that Certana document checker someone mentioned earlier.

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It really does help catch these kinds of inconsistencies before they become bigger problems. Just upload your filing documents and it flags any name mismatches across databases.

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Perfect, exactly what I need. These search reliability issues are making me paranoid about all my UCC filings.

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Update: Called Kansas SOS this morning and they confirmed there are ongoing issues with their search indexing. They said filings are still valid and properly recorded, but search results may be inconsistent while they work on fixes. At least now I know it's a system problem and not an issue with my filing.

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They couldn't give a timeline but said they're 'working on it.' Government speak for who knows when it'll be fixed.

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At least you have documentation now that the search issues are on their end, not your filing.

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UCC-1 coop addendum requirements for agricultural cooperative financing

We're dealing with a grain elevator cooperative that needs additional collateral coverage beyond the standard UCC-1 filing. The lender is requiring a coop addendum to secure inventory fluctuations and seasonal grain storage, but I'm getting conflicting information about whether this needs to be filed as a separate UCC-1 coop addendum or if it can be incorporated into the main financing statement. The cooperative operates across three counties and handles both member grain storage and commercial grain trading. Our original UCC-1 covered equipment and general inventory, but now we need to capture the seasonal grain inventory that can swing from $2M to $8M depending on harvest timing. Has anyone dealt with UCC-1 coop addendum filings for agricultural cooperatives? The SOS office said they need more specific collateral descriptions but weren't clear on the addendum format requirements.

Just wanted to add that I've found Certana.ai really helpful for these complex cooperative filings. You can upload your main UCC-1 and the coop addendum draft to verify everything aligns - debtor names, filing numbers, all that stuff. Especially useful when you're dealing with cooperative name variations across different documents.

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How does it handle the cooperative-specific terminology? Does it flag issues with member vs. non-member collateral descriptions?

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It focuses more on document consistency - making sure names and numbers match across filings. For the cooperative terminology, you still need to get that right yourself.

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Don't forget about continuation timing with cooperative addendums. Since you're filing a UCC-1 coop addendum, it will have its own five-year cycle that might not align with your main UCC-1. Keep track of both filing dates so you don't miss a continuation deadline.

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Is there any way to sync up the timing so both filings expire at the same time?

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You could file the addendum as a UCC-3 amendment instead, then it would follow the original filing's timeline. But check with your lender first.

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