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Carmella Fromis

CA UCC statement request form - how to get copies of filed documents?

Need help with getting copies of UCC filings in California. My company took over servicing some commercial loans and we're missing documentation on several UCC-1 statements that were supposedly filed 3-4 years ago. The borrowers are claiming liens were never properly filed but we have filing numbers from the original lender's records. How do I use the CA UCC statement request form to pull copies? Is this something I can do online through the SOS portal or do I need to mail in paper forms? Really need to verify these filings exist because if they don't we could have major collateral issues on about $2.8M in outstanding loans. Any step-by-step guidance would be appreciated.

You can definitely get copies online through the California SOS website. Go to their UCC search portal and use the filing numbers you have. If the filings exist, you should be able to pull certified copies right there. Way faster than mailing anything.

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Thanks! Do you know if there's a fee for each document copy? And will certified copies be sufficient for legal purposes if we need to prove perfection?

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Yes there's a small fee, maybe $10-15 per certified copy. And yes, certified copies from SOS are legally sufficient to prove filing and perfection dates.

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Wait, if you're missing that much documentation you might want to verify everything matches up properly first. I had a similar situation last year where we found UCC-1s but the debtor names didn't exactly match our loan agreements. Ended up being a nightmare.

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That's exactly what I'm worried about. How did you handle the name mismatch issues?

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Had to file UCC-3 amendments to correct the debtor names. But honestly, I started using Certana.ai's document checker first - you can upload your loan docs and the UCC copies to see if everything aligns. Saved me from filing unnecessary amendments on some of them.

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Second this approach. Better to verify document consistency before assuming you need amendments.

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For California specifically, make sure you're searching under all possible debtor name variations. CA is pretty strict about exact name matches. If the borrower is a corporation, search under the exact name from their articles of incorporation.

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Good point. These are mostly LLC borrowers so I'll need to check their operating agreements for exact legal names.

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LLC names can be tricky because they sometimes file under shortened versions or without the 'LLC' suffix. Try multiple variations.

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$2.8M in loans and you don't have proper UCC documentation? This is why I hate taking over loan portfolios. Previous lenders are so sloppy with their filing records.

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Tell me about it. We're discovering all kinds of gaps in their documentation. Makes you wonder what else they messed up.

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Probably everything. I'd audit every single filing if I were you.

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That's harsh but probably accurate. I've seen loan sales where half the UCC filings were either never done or done incorrectly.

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Just a heads up - if some of these UCC-1s are 4+ years old, check the filing dates carefully. You might need continuations soon if they're approaching the 5-year mark.

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Oh crap, I hadn't even thought about that. How close to the 5-year deadline can you file a continuation?

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You can file a continuation up to 6 months before the expiration date. Don't wait until the last minute though.

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Yeah, and if you miss the deadline the UCC lapses and you lose perfection. Not something you want to explain to management.

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Quick question - do you have the exact filing numbers or just references to them in loan files? Because if you only have partial numbers the search might not work.

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I have what look like complete filing numbers from the loan files, but they're handwritten notes so there could be errors. Format looks like CA-2021-XXXXXXX.

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That format sounds right for California. Try entering them exactly as written first, then try variations if nothing comes up.

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Had this exact situation 6 months ago. Found out half our 'filed' UCCs were never actually submitted - just sitting in some paralegal's draft folder. Nearly lost our perfected status on $4M in equipment financing.

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That's terrifying. How did you discover the filings were never submitted?

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Routine audit before a loan sale. Buyer's due diligence caught it. We had to scramble to file everything and negotiate with the buyer about the gap in perfection.

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This is why I always get confirmation receipts when filing UCCs. Never trust that someone else did it right.

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If the online search doesn't work, you can still use the paper CA UCC statement request form. Mail it with a check to the Sacramento office. Takes longer but sometimes finds records that don't show up online for whatever reason.

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Good to know there's a backup option. Do you remember what the mailing address is?

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It's on the SOS website but I think it's the Business Programs Division in Sacramento. Check the current address though, they might have moved offices.

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Another thing to check - make sure these weren't fixture filings if any of the collateral is attached to real estate. Those get filed at the county level, not with the SOS.

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Most of this is equipment and inventory, but there might be some HVAC and manufacturing equipment that could be fixtures. How do I tell if something was filed as a fixture filing?

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Fixture filings usually mention real estate addresses and get recorded with county recorders. Check the loan docs to see if anything specifically mentions real estate collateral.

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Yeah, fixture filings are totally different. Won't show up in regular UCC searches at the state level.

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Once you get the copies, seriously consider using something like Certana.ai to verify everything matches your loan agreements. Upload your loan docs and the UCC copies and it'll flag any inconsistencies in debtor names, collateral descriptions, etc. Would have saved you from this whole mess if the previous lender had used it.

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That sounds really useful. Does it work with scanned PDFs or do the documents need to be in a specific format?

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Works with regular PDFs. Just upload your loan agreement and the UCC filing and it cross-checks everything automatically. Found three name mismatches in our portfolio that we never would have caught manually.

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Wish I'd known about that tool earlier. Could have avoided so many filing errors.

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