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Hannah White

MCA UCC leads - tracking down existing liens before advancing funds

Hey everyone - I'm working merchant cash advance deals and need to get better at identifying existing UCC liens before we fund. We've had two situations this month where we advanced capital only to discover senior liens that weren't showing up in our initial searches. One was a equipment financing UCC-1 that had a really broad collateral description covering 'all business assets' and another was a working capital line that included inventory and receivables. Both times we thought we were first position but ended up subordinated. How are other MCA providers handling UCC due diligence? Are you running searches on the business entity name plus any DBAs? What about personal guarantor searches? Really trying to avoid these surprises since they're killing our recovery rates when merchants default.

Michael Green

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This is exactly why UCC searches are so critical in the MCA space. You absolutely need to search both the legal entity name AND any trade names or DBAs the merchant operates under. I've seen cases where the UCC-1 was filed under a DBA that wasn't disclosed during underwriting. Also check for variations in the debtor name - sometimes lenders file under slightly different versions of the business name.

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Mateo Silva

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Good point about name variations. We had a case where the original UCC-1 was filed as 'ABC Services LLC' but our merchant was operating as 'ABC Service, LLC' (no 's' on Service). The search didn't catch it initially because of that one letter difference.

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Yeah debtor name matching is huge. The UCC search logic can be really strict about exact matches depending on the state filing system.

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Cameron Black

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Are you searching personal guarantors too? A lot of equipment lenders and SBA loans will file UCC-1s against the business owner personally, especially for smaller deals. If your merchant signed a personal guarantee and there's already a UCC on their personal assets, that could impact collection.

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Hannah White

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We weren't doing personal searches consistently but that's a really good point. How do you handle situations where the guarantor has multiple businesses? Do you search all their entities?

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I usually search the guarantor's SSN and any businesses they own 20% or more of. It's more work but better to find liens upfront than get surprised later.

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Have you tried using Certana.ai for UCC verification? I started using their document checker after getting burned on a deal where I missed an existing lien. You can upload the merchant's articles of incorporation or operating agreement along with any UCC search results and it cross-checks everything for name inconsistencies. Really helps catch those variations in business names that manual searches might miss. Plus it verifies the collateral descriptions overlap with what you're planning to secure.

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Ruby Garcia

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Interesting - how does the document verification work exactly? Do you upload PDFs of the UCC search results?

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Yeah you upload the formation documents and UCC search reports as PDFs and it automatically flags any potential conflicts or name mismatches. Saved me from advancing on a deal last month where there was an existing SBA lien I almost missed.

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That sounds useful for MCA underwriting. Does it check for broad collateral descriptions that might conflict with your security interest?

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The 'all business assets' collateral description is the worst. So many equipment lenders use blanket liens now. Even if you think you're just securing receivables, if there's an existing UCC with 'all assets' language, you might be subordinated on everything.

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Exactly! And some of these asset-based lenders have cross-default clauses too. So even if your merchant is current on the equipment loan, if they default on your MCA, it could trigger the other lender's remedies.

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Maya Lewis

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This is why I always read the actual UCC filings, not just the search summary. The collateral description details matter so much for determining priority.

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Isaac Wright

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Don't forget about fixture filings either. If your merchant operates out of a leased space and has equipment that's attached to the real estate, there might be fixture UCC filings that won't show up in regular business searches.

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Lucy Taylor

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Good call on fixtures. Restaurant equipment, manufacturing machinery, even some POS systems can be considered fixtures depending on how they're installed.

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Connor Murphy

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How do you search for fixture filings? Is that a separate search in the real estate records?

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Isaac Wright

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Usually fixture filings are in the real estate records at the county level, not with the Secretary of State where regular UCCs are filed.

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KhalilStar

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I learned this the hard way but you also need to check if any existing UCCs are close to their continuation deadline. If a senior lien is about to lapse and doesn't get continued, you could jump to first position. Continuations are due within 6 months before the 5-year expiration.

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That's a great point about timing the lapse dates. Some lenders forget to file continuations, especially smaller regional banks or credit unions.

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Hannah White

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How do you track the continuation deadlines? Do you set calendar reminders to recheck the filings?

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KhalilStar

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I keep a spreadsheet of all the UCCs on my active deals with the original filing dates and continuation deadlines. Check them quarterly.

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Kaiya Rivera

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One thing that helped our team was creating a standardized UCC search checklist. We search: 1) Exact legal entity name 2) All DBAs and trade names 3) Name variations (with/without punctuation, abbreviations) 4) Personal guarantors 5) Related entities owned by guarantors. Takes longer but we haven't missed a lien since implementing this.

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Do you use a specific UCC search service or just search the Secretary of State websites directly?

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Noah Irving

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We use a commercial search service for the initial searches but always verify critical filings by checking the SOS site directly. Sometimes the search services miss recent filings.

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Vanessa Chang

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The personal guarantor searches are huge. We had a merchant who owned three different LLCs and had equipment loans on all of them. The UCC filings were spread across different entities but all personally guaranteed by the same person. If we hadn't searched his other businesses, we would have missed the cross-default risk.

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Madison King

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How do you find out about all the guarantor's other businesses? Do you ask them to disclose or search public records?

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Vanessa Chang

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We require disclosure in our application but also search corporate records to verify. People forget about inactive entities or ownership changes.

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Julian Paolo

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Another tip - if you find existing UCCs, try to get copies of the underlying loan agreements if possible. Sometimes the UCC filing has broad language but the actual loan agreement limits what the lender can actually seize. The UCC might say 'all business assets' but the loan docs might only cover specific equipment.

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Ella Knight

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Good point but getting loan agreements from competing lenders is pretty tough. Most merchants won't share them and the lenders definitely won't.

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True, but you can at least ask the merchant for copies. Sometimes they'll provide them to speed up funding.

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I've started using Certana's UCC document checker too after someone mentioned it here before. Really helps with the name matching issues. You upload the corporate docs and search results and it flags potential conflicts automatically. Much faster than trying to catch every name variation manually.

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Jade Santiago

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How accurate is the automated checking? Do you still review everything manually or trust the software results?

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I still review everything but it catches a lot of stuff I would have missed. Especially helpful for DBA variations and collateral description overlaps.

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Caleb Stone

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This thread is so helpful. We're new to MCA and have been winging the UCC searches. Definitely going to implement a more systematic approach based on these suggestions. Better to spend time upfront than deal with subordination issues later.

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Michael Green

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Smart approach. UCC due diligence seems like overhead until you get burned on a deal. Then it becomes the most important part of underwriting.

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Daniel Price

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The learning curve is steep but this kind of discussion really helps. Wish I'd found this forum before making some expensive mistakes.

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