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Update us when you figure out what the issue was! Always helpful to know what DC is rejecting for so the rest of us can avoid the same problems.
I've run into similar DC filing issues before. One thing that helped me was copying the exact debtor name directly from the DC Secretary of State's online business search portal and pasting it into the UCC form rather than typing it manually. Sometimes there are subtle formatting differences that aren't visible but cause computer rejections. Also, double-check that you're using the correct entity type designation - DC can be picky about whether it should be "LLC", "L.L.C.", "Limited Liability Company" etc. Hope you get it sorted quickly!
Thanks everyone for all the advice. I'm definitely filing the continuation this week. This thread has been incredibly helpful and I feel much more confident about the process now. Going to also look into setting up those automatic reminders to avoid this panic situation in the future!
Just want to echo what others have said about not waiting any longer - you're absolutely right to be concerned about losing your secured position on $180K. I've seen too many lenders get burned by UCC lapses. One thing I'd add is to make sure you're filing in the correct jurisdiction. If your borrower moved their chief executive office to a different state since 2020, you might need to file the continuation in the new state rather than where you originally filed. Also, since you mentioned the equipment has been upgraded, consider whether you need to broaden your collateral description to cover "all equipment" rather than specific serial numbers. This gives you better coverage if they continue to upgrade or replace machinery. Get that UCC-3 filed ASAP and sleep better at night!
This is excellent advice about jurisdiction and collateral description! As someone new to UCC filings, I hadn't considered that the borrower's location change could affect where the continuation needs to be filed. The point about broadening the collateral description to "all equipment" instead of specific serial numbers is really smart too - gives much better coverage for businesses that regularly upgrade their machinery. Thanks for sharing this insight, it's exactly the kind of practical wisdom that helps avoid costly mistakes!
Great point about the jurisdiction issue! I've seen this trip up lenders who don't realize their borrower relocated their principal place of business. @Emma Anderson - do you know if there s'a specific timeframe after a borrower moves where you need to refile in the new state? I m'dealing with a similar situation where our borrower moved from Delaware to Texas last year and I m'not sure if our Delaware filing is still valid or if we need to file a new UCC-1 in Texas.
The 9-606 notice timing sounds fine, but I'd be more concerned about the content of your notice. Did you include the specific UCC 9-614 required elements? Missing required content can be more problematic than timing issues.
That's probably wise given the amount at stake. An attorney can review both the notice compliance and the service issues to determine your collection prospects.
Definitely get legal review for a $180K deficiency. The cost of attorney review is minimal compared to losing collection rights over a notice technicality.
As someone who's handled multiple UCC 9-606 challenges, your 12-day notice period with certified mail delivery should generally satisfy the "reasonable notification" requirement under Ohio law. However, the authorization issue you mentioned is concerning - if the debtor can prove the person who signed wasn't authorized to receive legal notices, that could potentially invalidate your notice regardless of timing. I'd recommend pulling the debtor's corporate records from the Ohio Secretary of State to identify registered agents or officers, then consider re-serving notice to eliminate any service challenges before pursuing the $180K deficiency. The cost of proper re-notice is minimal compared to the risk of losing collection rights on a procedural issue.
Document everything! Send them a written objection letter immediately citing UCC 9-611's reasonable notice requirement. For specialized manufacturing equipment worth $180k, 8 days is clearly insufficient - courts have consistently held that high-value specialized collateral requires adequate time to reach appropriate buyers. Include in your letter that you're exploring refinancing options and need reasonable time per Article 9 standards. Also request they provide proof they notified all required parties including any junior lienholders. This creates a paper trail if you need to challenge the sale in court later.
This is excellent advice about documenting everything! A written objection citing specific UCC provisions creates a strong legal record. Make sure to send it certified mail so you have proof of delivery and timing. The paper trail could be crucial if this ends up in court.
Based on everything discussed here, you have multiple strong grounds to challenge this timeline. With specialized manufacturing equipment worth $180k and only being behind $12k, their 8-day notice is almost certainly insufficient under UCC 9-611's "reasonable notice" standard. I'd recommend taking action on several fronts immediately: 1) Send that written objection letter citing insufficient notice for high-value specialized collateral, 2) Verify they properly notified your junior lienholder, 3) Review your original security agreement for any contractual notice periods that exceed UCC minimums, and 4) Consider using a service like the document verification tool Anna mentioned to check for any UCC filing inconsistencies. Even if you can't cure the default right away, challenging the notice period buys you time to explore refinancing or find alternative buyers who might pay closer to fair market value. Don't let them rush this - your equipment is worth far more than your debt.
Seraphina Delan
As a newcomer to this community, I'm finding this discussion incredibly valuable! I'm just starting to work with UCC filings and had no idea about the complexities around solar equipment liens. The distinction between personal property vs fixtures is something I definitely need to research more for my state. One question I have - are there any resources or training materials you'd recommend for getting up to speed on solar equipment financing and UCC best practices? I want to make sure I understand all these nuances before I encounter them in practice. Also, has anyone dealt with other types of renewable energy equipment (like wind or battery storage systems) and whether they have similar fixture filing considerations?
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Kara Yoshida
•Welcome to the community @58f1d358a37c! For training resources, I'd highly recommend starting with your state's Secretary of State website - most have UCC filing guides that cover the basics. The IACA (International Association of Commercial Administrators) also has excellent educational materials. For solar-specific training, the Solar Energy Industries Association (SEIA) sometimes offers financing workshops. Regarding other renewable energy equipment, yes - wind turbines and large battery storage systems often have similar fixture considerations, especially if they're permanently installed on concrete foundations or integrated into building electrical systems. Ground-mounted solar arrays can be particularly tricky since they may or may not be considered fixtures depending on how they're anchored. Each state handles these differently, so definitely check your local requirements early in any renewable energy financing deal!
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Connor Murphy
As someone new to both this community and UCC filings in general, this thread has been incredibly educational! I'm working on my first solar equipment financing deal and realized I have so much to learn. Based on everything discussed here, it sounds like the key issues with Chloe's situation could be: 1) Name discrepancies between the original UCC-1 and termination (especially if the company changed names), 2) Potential missing fixture filing requirements for permanently attached panels in California, and 3) The notoriously slow California SOS database updates. @57bfe6bafdb9 I'd definitely follow up on getting that confirmation number from the credit union and maybe run both documents through one of those verification tools people mentioned. Also worth checking with the county recorder's office to see if there should have been a fixture filing that also needs termination. This discussion is making me realize I need to build a comprehensive checklist for solar equipment UCC filings to avoid these kinds of complications from the start. Thanks everyone for sharing your experiences - this is exactly the kind of practical knowledge that's so valuable for newcomers!
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Amina Sow
•@08b9afb06a50 You've done a great job summarizing the key issues from this thread! As another newcomer, I'm also realizing how complex solar equipment UCC filings can be. Your checklist idea is brilliant - I'm thinking of creating something similar. One thing I'm wondering about after reading all this: should we always assume solar panels need fixture filings in addition to standard UCC-1s, or are there specific criteria that determine when they're considered personal property vs fixtures? It seems like the "permanently attached" aspect is key, but I'd love to understand the legal test better. Also, @57bfe6bafdb9 hoping you get that confirmation number soon and can update us on what you find! This whole discussion has me worried about a solar deal I'm working on - definitely going to verify everything twice now.
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