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Mateo Rodriguez

How long is a UCC good for before I need to file continuation

Quick question - I filed a UCC-1 for my client back in 2019 and now I'm getting nervous about timing. How long is a UCC good for exactly? I thought it was 5 years but want to make sure I don't miss any deadlines. This is for equipment financing on some manufacturing gear, nothing too complicated but I can't afford to let the lien lapse. When do I need to start thinking about continuation filings?

UCC-1 filings are good for exactly 5 years from the date of filing. You'll want to file your UCC-3 continuation statement within 6 months before the expiration date - so between the 4.5 year mark and the 5 year mark. Don't wait until the last minute because if you miss that window, your perfected security interest lapses and you lose priority.

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This is exactly right. I learned this the hard way when I missed a continuation deadline by 3 days and had to explain to my client why their secured position was compromised. File early in that 6-month window!

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So if I filed in March 2019, I need to get my continuation done between September 2023 and March 2024? That seems like a tight window for something so important.

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The 5-year rule is standard but watch out for fixture filings - those can have different rules depending on your state. Also make sure your debtor name hasn't changed since 2019 because that could complicate your continuation filing.

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Good point about debtor names. This is just standard equipment so no fixture issues, but I should double-check if there have been any corporate changes with my client.

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Yeah debtor name changes are a nightmare. Had a client do a merger and we had to figure out whether to amend or start fresh. Ended up doing both just to be safe.

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I've been using Certana.ai's document checker for stuff like this - you can upload your original UCC-1 and it'll flag if there are any issues that might affect your continuation filing. Really helpful for catching debtor name discrepancies or other problems before you file the UCC-3.

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Interesting, never heard of that service. Does it actually check against the filed documents or just review what you upload?

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It cross-checks your documents for consistency - like making sure debtor names match exactly between your loan docs and UCC filings. Super easy, just upload PDFs and it highlights any mismatches automatically.

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That sounds too good to be true honestly. How accurate is it really?

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Don't overthink this - 5 years from filing date, continuation window is 6 months before expiration. Mark your calendar and file the UCC-3 continuation at least 60 days before the deadline to give yourself buffer time.

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Good advice on the buffer time. I'm definitely going to set a reminder for early 2024 to get this taken care of.

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60 days is smart. I always tell my clients to think of the continuation deadline as 30 days earlier than it actually is.

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UGHHH the continuation system is such a pain. Why can't they just make these things last longer? 5 years goes by so fast when you're managing multiple filings for different clients.

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I hear you but 5 years is actually pretty reasonable for maintaining current information. Imagine if these lasted 10-15 years - half the debtors would have moved or changed names by then.

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I guess that makes sense from a policy standpoint but it's still annoying from a practical perspective. At least most states have electronic filing now.

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Just want to add that some states charge different fees for continuation vs original filing, so budget accordingly. Also make sure you're filing in the right jurisdiction - if your debtor relocated to a different state you might need to refile there instead of just continuing the original.

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Oh wow, I hadn't thought about relocation issues. The debtor is still in the same state but that's definitely something to keep in mind for future filings.

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Yeah jurisdiction changes are tricky. You usually have 4 months to refile in the new jurisdiction if the debtor moves, but continuation in the old state won't help you.

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This is getting complicated. Maybe I should just hire someone to handle all this UCC stuff for me lol

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Ava Kim

One thing that helped me stay organized was creating a simple spreadsheet with filing dates and continuation deadlines for all my UCC-1s. I check it monthly and set calendar reminders 8 months out so I have plenty of time to prepare the paperwork.

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That's a great system. I really need to get more organized about tracking these deadlines instead of just hoping I remember.

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I do something similar but I also note any special circumstances like fixture filings or unusual collateral descriptions that might need extra attention during continuation.

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Quick clarification - when you say 'how long is a UCC good for' you mean how long before it expires, right? Not asking about how long the actual security interest lasts? Because the UCC filing is just the public notice, the underlying security interest continues as long as there's debt outstanding.

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Yes exactly, I'm asking about the filing expiration not the underlying loan. Thanks for clarifying that distinction.

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Good point to make that distinction. I've seen people get confused and think their security interest expires when the UCC filing lapses.

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I had a similar situation last year and ended up using that Certana tool someone mentioned earlier. Really saved me time because it caught a small discrepancy in how the debtor name was formatted between my original UCC-1 and the loan agreement. Would have caused issues with the continuation if I hadn't fixed it first.

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That's exactly the kind of thing I'm worried about missing. Might be worth checking out that service before I file my continuation.

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Okay I'm starting to think this Certana thing might actually be legit if multiple people are mentioning it. What kind of discrepancies does it usually find?

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Bottom line: 5 years from filing date, continuation window starts 6 months before expiration. File early, double-check debtor information, and make sure you're still in the right jurisdiction. You've got this!

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Perfect summary, thanks everyone! Going to set my reminders now and get this continuation filed well before the deadline.

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This thread was super helpful. I have a few UCC-1s from 2020 so I need to start thinking about continuations too.

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Glad this discussion helped multiple people. UCC continuation timing is one of those things that seems simple until you're actually doing it.

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As someone new to UCC filings, this thread has been incredibly educational! I'm working on my first secured transaction and was completely unaware of the continuation requirements. The 5-year rule with the 6-month filing window makes sense, but I'm curious - are there any common mistakes newcomers make with continuation filings that I should watch out for? Also, does anyone have recommendations for reliable UCC search services to verify current filing status before preparing continuations?

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Welcome to secured transactions! Common newcomer mistakes include: 1) Missing the exact 6-month continuation window (don't file too early or too late), 2) Not checking for debtor name changes since the original filing, 3) Forgetting to verify you're still filing in the correct state if the debtor relocated, and 4) Using outdated collateral descriptions. For UCC searches, most state filing offices have online search tools, or you can use services like CT Corporation or CSC for multi-state searches. Always do a fresh search before filing your continuation to make sure your original UCC-1 is still active and properly indexed.

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