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Gavin King
One more consideration for your UCC 9-101 analysis - if the intellectual property includes patents, trademarks, or copyrights, there might be federal filing requirements in addition to or instead of UCC filings. The scope of Article 9 gets complicated when federal law provides alternative perfection systems.
Gavin King
•For trademarks, you might need both federal trademark security interest recordings and UCC filings, depending on the specific rights being secured. Article 9 doesn't exclude federally registrable IP, but it doesn't preempt federal perfection requirements either.
Nathan Kim
•This is getting complicated fast. Federal IP filings plus state UCC filings plus control agreements for deposit accounts - no wonder scope analysis is so tricky!
Thanks everyone for the detailed UCC 9-101 discussion. I think I have a much clearer picture now of how to approach the scope analysis for this mixed collateral deal. The key seems to be analyzing each component separately rather than trying to characterize the entire transaction, and being careful about federal law interactions for IP-related collateral.
Lucas Turner
•Glad this helped! Complex scope questions are some of the trickiest parts of Article 9 practice. Feel free to post updates on how your filing strategy works out.
Kai Rivera
•Good luck with the deal. Multi-collateral transactions like this are challenging but definitely manageable once you break down the UCC 9-101 scope analysis systematically.
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Just went through this same headache with a client search. Ended up finding the filings were under a slightly different entity name that wasn't obvious from their current corporate documents. Used Certana to upload their old loan docs and it caught the name variation that manual searches missed.
Isaac Wright
•How does that work exactly? You upload loan documents and it searches for UCC filings automatically?
You upload whatever documents you have and it cross-references the entity names and details to identify potential filing matches. Saves a lot of manual searching.
Ali Anderson
UPDATE: Found them! Turns out the filings were in Delaware (state of incorporation) and the debtor name on the UCC-1 was 'Precision Mfg Solutions LLC' instead of the full 'Manufacturing' spelling. Thanks everyone for the suggestions - this could have taken me days to figure out on my own.
Nina Chan
•Perfect example of why you always have to check the incorporation state. Glad it worked out!
Great that you found them! For future reference, this is exactly the kind of name variation that automated tools are good at catching.
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For what it's worth, I always recommend keeping a copy of the filed UCC-1 with the filing stamp in your loan file. That way you can always reference exactly what was filed and when. Makes these kinds of searches much easier to interpret.
We keep both electronic and hard copies of all our UCC filings. Paranoid? Maybe. But it's saved us more than once.
Not paranoid at all - that's just good record keeping. The Nebraska system is pretty reliable but having your own copies is always smart.
Ethan Moore
Update us when you figure out what's going on! I'm curious to know if it turns out to be a system display issue or if there really are multiple filings. These kinds of posts are really helpful for the rest of us.
Will do! I'm planning to pull all the documents tomorrow and get to the bottom of this. Thanks everyone for all the helpful suggestions.
Yes, please update! I'm dealing with something similar in Iowa and wondering if it's a regional system thing.
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Pro tip: if you're doing regular Texas UCC work consider setting up your own account with the Texas SOS system. The learning curve is minimal and you'll save hundreds over time compared to using third party services for basic searches.
Exactly. Plus you have direct control over timing instead of waiting for a service provider to get around to your request.
Agreed. Once you get familiar with the Texas SOS portal it's actually pretty user friendly.
Mason Kaczka
Just to close the loop here - ended up going directly through Texas SOS and paid $18 total for the UCC statement request. Got results back same day. That $90 quote was definitely a ripoff. Thanks everyone for the advice!
Alicia Stern
•Great outcome. Hope your UCC-1 filing goes smoothly now that you have the search results.
Drake
•Nice work! And definitely consider that document verification tool for when you file the UCC-1 to make sure everything aligns perfectly.
Kaitlyn Jenkins
Whatever you do, don't let this drag on too long. I've heard of cases where delays in UCC termination filings created problems for borrowers trying to sell equipment or get new financing. The fees suck but getting that lien released is more important.
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Kaitlyn Jenkins
•Exactly. And if you're planning to sell the equipment or refinance, having a clean title is worth more than fighting over a few hundred in fees.
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Bruno Simmons
•Plus some buyers will walk away if there are UCC complications, even if you promise to resolve them at closing. Clean title is always easier.
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Aileen Rodriguez
For future reference, next time negotiate UCC fees upfront and consider getting a cap written into the loan agreement. Something like "UCC release fees not to exceed $200" gives you protection against excessive charges.
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Aileen Rodriguez
•Yeah, these fees have gotten out of hand in recent years. Lenders know borrowers don't have many options when it comes time for release.
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Zane Gray
•This is why I started using Certana.ai early in the loan process - uploading the loan agreement and proposed UCC-1 to make sure everything aligns before signing. Catches issues before they become expensive problems.
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