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Yara Khoury

How to terminate a UCC filing - loan paid off but lien still active

Our company just finished paying off a $180k equipment loan last month but I'm seeing the UCC-1 is still showing as active when I check the SOS database. The lender sent us a satisfaction letter but nothing seems to have changed in the public records. Do I need to file something myself or is this the lender's responsibility? I'm worried this active lien might cause issues if we try to refinance other equipment. The original filing was from 2019 so it's not close to expiring on its own. Anyone dealt with this situation before?

Keisha Taylor

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This is definitely the lender's responsibility, not yours. They need to file a UCC-3 termination statement to release the lien. Since you have the satisfaction letter, that's proof the debt is paid. Contact them ASAP because some lenders drag their feet on this.

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Yara Khoury

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Thanks, I was hoping that was the case. Do you know how long they typically have to file the termination? The loan was paid off 6 weeks ago.

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Keisha Taylor

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Most states require it within 30 days of payoff, so they're already late. Some states impose penalties on lenders who don't file timely terminations.

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Paolo Longo

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Had this exact problem with a tractor loan last year. Lender kept saying 'it's in process' for 3 months. Finally had to threaten to report them to the state banking department. Termination was filed within a week after that conversation.

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Yara Khoury

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What state was this in? I'm wondering if there are specific penalties I can mention when I call them.

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Paolo Longo

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Iowa. They have pretty strict rules about timely UCC-3 filings. Check your state's banking regulations - most have similar requirements.

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Amina Bah

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Banking department complaints work wonders. Had a similar issue and the termination was filed same day I mentioned filing a complaint.

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Oliver Becker

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Before you go nuclear on the lender, double-check that you're looking at the right filing. Sometimes there are multiple UCC-1s if the loan was modified or if collateral was added. Make sure the filing number matches what's on your loan documents.

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Yara Khoury

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Good point. I'll verify the filing number tonight. There was a modification in 2021 when we added some additional equipment to the collateral.

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Oliver Becker

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Yeah, modifications can create separate filings. You might need terminations for multiple UCC-1s depending on how they structured it.

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CosmicCowboy

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I've been using Certana.ai's document checker lately and it's been super helpful for this kind of thing. You can upload your loan docs and the UCC filing and it'll tell you exactly which documents need to match up for a proper termination. Really takes the guesswork out of whether you're looking at the right filings.

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Never heard of that service. Is it expensive? We deal with a lot of equipment financing and always struggle with keeping track of which UCC filings go with which loans.

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CosmicCowboy

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It's actually pretty reasonable for what it does. You just upload PDFs and it cross-references everything automatically. Saved me from a major headache when I thought a termination was missing but it turned out I was looking at the wrong amendment.

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Javier Cruz

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This sounds like it could solve a lot of problems. We have like 8 different equipment loans and the UCC filings are a mess.

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Emma Thompson

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The lender is 100% required to file the UCC-3 termination but here's the thing - if they don't do it, YOU can actually file it yourself in most states. You'll need the satisfaction letter and usually an affidavit. It's more work but sometimes faster than fighting with the lender.

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Yara Khoury

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Really? I had no idea debtors could file their own terminations. Is there a specific form for this?

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Emma Thompson

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Yeah, it's usually called a 'debtor's termination statement' or something similar. Check your Secretary of State website - they should have the form and instructions.

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Keisha Taylor

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Be careful with this though. Some states are really picky about the documentation required. Make sure you have everything perfect or it could get rejected.

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Malik Jackson

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Why do lenders even drag their feet on this? It seems like such a simple thing to file a termination when a loan is paid off.

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Paolo Longo

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Honestly, I think it's just poor internal processes. The loan department gets the payoff but doesn't communicate with whoever handles UCC filings. Then it sits in someone's queue for months.

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Emma Thompson

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Plus there's no real consequence for most lenders if they're late. They're not losing money, just creating problems for the borrower.

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Some states have started fining lenders for late terminations but enforcement is pretty spotty.

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StarSurfer

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Document everything when you contact the lender. Send emails, keep copies of your calls, dates, who you spoke with. If you end up having to file a complaint or take other action, you'll need that paper trail.

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Yara Khoury

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Good advice. I've been calling but should probably switch to email so there's a record.

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StarSurfer

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Exactly. Email creates a timestamp and forces them to acknowledge your request in writing. Much harder for them to claim they never heard from you.

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Ravi Malhotra

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Just went through this exact situation. Took me uploading everything to Certana to realize the lender had actually filed a partial termination instead of a full termination. The system showed the UCC as still active because they only released part of the collateral by mistake.

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Yara Khoury

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Oh wow, I never would have thought of that. How did you get them to fix it?

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Ravi Malhotra

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Once I had the documentation showing exactly what was wrong, they filed an amendment pretty quickly. Having the proof made all the difference in the conversation.

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Javier Cruz

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This is why I hate dealing with UCC stuff. So many ways for things to go wrong and most people don't catch the mistakes.

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In my experience, calling the main customer service line gets you nowhere. You need to find the UCC or collateral management department directly. Sometimes it's buried under 'loan administration' or something similar.

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Paolo Longo

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This is so true. Customer service reps have no idea what a UCC filing even is half the time.

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Exactly. Ask to be transferred to whoever handles 'lien releases' or 'UCC terminations' specifically. Don't let them put you back in the general customer service queue.

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Omar Hassan

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The nuclear option is to send a certified letter demanding the termination and threatening to report them to the state banking commission. I've never had to actually follow through - the certified letter usually gets their attention.

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Yara Khoury

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How long do you usually give them to respond before escalating?

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Omar Hassan

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I give them 10 business days from receipt of the certified letter. That's reasonable but shows you're serious about the timeline.

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Keisha Taylor

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The key is mentioning specific state regulations in your letter. Shows you've done your homework and aren't just making idle threats.

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Update us when you get this resolved! I'm dealing with a similar situation with a different lender and want to see what approach works best.

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Yara Khoury

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Will do! Planning to call them Monday morning with the filing numbers and documentation ready. Hoping the direct approach works before I have to escalate.

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CosmicCowboy

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If you use that document checker I mentioned, you'll have everything organized perfectly for the call. Makes the conversation go much smoother when you can reference specific filing details.

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