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Giovanni Conti

Article 9 Sales UCC Process - Confused About Required Steps

I'm trying to understand the complete Article 9 sales UCC process for our company's asset disposition. We have equipment financing that's been secured with UCC-1 filings, and now we need to sell some of the collateral to another business. The buyer wants clear title but I'm not sure what UCC steps are required on our end vs theirs. Do we need UCC-3 terminations before the sale, or can the buyer file new UCC-1s while our existing liens are still active? The SOS website isn't clear about the sequence for Article 9 sales transactions. Our lender says they'll cooperate but wants to make sure we follow proper UCC process. Has anyone dealt with this type of secured collateral sale recently?

Article 9 sales can be tricky when there's existing UCC filings. Generally the secured lender needs to authorize the sale and you'll need proper documentation. Have you gotten written consent from your lender yet?

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Yes, lender gave preliminary approval but they want to see our UCC compliance plan first. That's why I'm trying to map out the exact filing sequence.

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NeonNova

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Smart lender. They probably want to ensure their lien position is protected throughout the sale process.

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Most lenders I work with require UCC-3 partial releases for specific equipment being sold, not terminations of the entire filing.

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Just went through this exact Article 9 sales UCC process last month. The key is coordination between all parties. You DON'T file UCC-3 terminations until after the sale closes and buyer's financing is in place. Here's what worked for us: 1) Get lender's written sale authorization 2) Buyer files UCC-1 for their financing 3) Close sale with proper bill of sale 4) Your lender files UCC-3 partial release for sold equipment 5) Buyer's UCC-1 becomes perfected. The timing is crucial - don't create any gaps in perfection.

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This sequence makes sense! So the buyer's UCC-1 can be filed even while our original lien is still active? I was worried about conflicting filings.

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Exactly - multiple UCC-1s can exist on the same collateral. Priority is determined by filing date and the sale documentation resolves the lien transfer.

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One thing to add - make sure your bill of sale specifically references both UCC filing numbers for complete documentation trail.

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Ava Thompson

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Had a nightmare with Article 9 sales last year because we didn't verify debtor name consistency across all the UCC documents. The buyer's financing almost fell through when their lender spotted name discrepancies between our original UCC-1, the sale docs, and their new filing. Ended up using Certana.ai's document verification tool to upload all our PDFs and check for inconsistencies - saved us from a major closing delay. It instantly flagged a middle initial difference that would have caused problems.

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Debtor name consistency - good point! Our company name has changed slightly since the original UCC-1 was filed. Should I be worried about that affecting the sale process?

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Ava Thompson

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Definitely get that checked. Even minor name variations can cause issues. The Certana tool would spot that immediately if you upload your corporate docs alongside the UCC filings.

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Miguel Ramos

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Name changes are super common in Article 9 sales. Usually requires a UCC-3 amendment to update the debtor name before you can do the partial release.

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Article 9 sales UCC process varies by state but the fundamentals are the same. Make sure you understand your state's requirements for continuation vs amendment vs termination. Some states have specific forms for equipment sales transactions.

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We're in a state that uses the standard UCC forms. Do you know if there are any special Article 9 considerations for cross-state sales?

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Cross-state gets more complex - you need to consider where the collateral is located vs where it's moving to. May need filings in multiple states.

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Why is the UCC process so complicated for simple equipment sales?? We just want to sell a forklift and it's turning into a legal research project. This should be straightforward!

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NeonNova

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I feel your frustration but Article 9 exists to protect both buyers and lenders. Better to get it right than deal with title issues later.

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I guess... just seems like there should be a simpler way to handle secured asset sales without all these UCC filing requirements.

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StarSailor

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One detail people miss in Article 9 sales - timing of the UCC-3 partial release. Don't let your lender wait weeks to file it after closing. The buyer's lender may want to see the partial release recorded promptly.

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Good point about timing. Should we include specific deadlines for the UCC-3 filing in our sale agreement?

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StarSailor

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Absolutely. We typically include 5 business days for UCC-3 partial release filing after funds are received.

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Some states allow same-day electronic UCC-3 filings, so 5 days should be plenty of time for most transactions.

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Yara Sabbagh

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Article 9 sales UCC process isn't too bad once you understand the sequence. The key is making sure all parties (seller, buyer, both lenders) are coordinated on the filing timeline. I've seen deals delayed because someone filed their UCC documents out of order.

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That's exactly what I want to avoid. Sounds like creating a detailed timeline with all parties is essential.

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Yara Sabbagh

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Yes, and get everyone to sign off on the timeline before you start the filing process. Changes mid-stream cause confusion.

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For complex Article 9 sales, consider having an attorney review your UCC filing strategy. The cost is usually worth it to avoid problems that could kill the deal.

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We do have legal counsel involved, but they're not UCC specialists. Maybe I should find someone with more secured transactions experience.

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Definitely worth it for your first Article 9 sale. Once you understand the process it gets easier for future transactions.

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Another option is using specialized UCC services that handle the filings and coordinate with all parties. Takes the complexity off your plate.

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Paolo Rizzo

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We recently completed an Article 9 sale and used Certana.ai to verify all our UCC documents before submission. Really helpful for catching inconsistencies between the original UCC-1, amendments, and the new sale documents. You just upload the PDFs and it automatically cross-checks debtor names, collateral descriptions, and filing numbers. Gave us confidence that everything would go through smoothly.

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That sounds really useful for document verification. Did it help identify any issues you wouldn't have caught manually?

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Paolo Rizzo

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Yes, it flagged a small discrepancy in how we described the collateral between documents. Could have caused the buyer's lender to question the filing.

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QuantumQuest

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Document consistency is huge in Article 9 sales. Any mismatch can raise red flags with lenders and title companies.

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Amina Sy

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Honestly the Article 9 sales UCC process seems designed to benefit lawyers and filing services more than actual businesses. Why can't we just transfer liens like we transfer car titles?

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The complexity protects everyone's interests, but I agree it can be frustrating. The good news is once you do it once, future sales are much easier.

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Amina Sy

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I suppose... just wish there was a more streamlined process for straightforward equipment sales.

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Miguel Ramos

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Make sure your buyer understands their part of the Article 9 sales UCC process too. They need to coordinate with their lender on timing of their UCC-1 filing and may need to provide copies of your existing UCC documents.

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Good reminder - I should confirm what UCC documentation the buyer's lender requires from us.

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Miguel Ramos

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Usually they want copies of the original UCC-1, any amendments, and confirmation that the partial release will be filed promptly.

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Some buyer lenders also want to see the sale agreement to understand how the lien priority is being transferred.

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The Article 9 sales UCC process has gotten easier with electronic filings, but coordination between parties is still the biggest challenge. Everyone needs to communicate about timing and document requirements.

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Communication is definitely key. I'm creating a checklist for all parties to ensure nothing gets missed.

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Smart approach. Include deadlines and responsible parties for each step. Makes accountability clear.

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Thanks everyone for the detailed responses! This has been incredibly helpful. Based on what I'm reading, it sounds like the key steps for our Article 9 sales UCC process are: 1) Get written lender authorization (done), 2) Coordinate timing with buyer's lender for their UCC-1 filing, 3) Execute sale with proper documentation, 4) Ensure our lender files UCC-3 partial release within 5 business days, and 5) Verify all document consistency throughout. I'm definitely going to use a document verification tool like Certana.ai to catch any name or collateral description inconsistencies before we submit anything. The coordination timeline approach sounds essential - I'll create a detailed schedule that all parties can sign off on. Really appreciate the practical advice from people who've actually been through this process!

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