NJ UCC-1 form continuation deadline - already past 6 months, options?
So I'm dealing with a situation where we filed a UCC-1 in New Jersey back in 2020 for equipment financing on some manufacturing equipment. The 5-year term was coming up this past February and somehow our continuation got missed - I think there was confusion in our office about who was handling it. Now we're 4 months past the lapse date and the lender is asking questions about the perfected security interest. I know the NJ UCC-1 form system is pretty strict about deadlines but wondering if anyone has dealt with this type of situation. The equipment is worth about $180k so this isn't a small mistake. Can we refile as a new UCC-1 or are we looking at potential problems with priority? The debtor company is still active and same address, no changes there. Just need to know what our realistic options are at this point.
40 comments


Olivia Harris
Oof, that's a tough spot. In NJ once that 5-year period lapses, your perfected security interest is gone. You can't just file a continuation after the deadline - the statute is pretty clear on that. Your best bet is probably filing a fresh UCC-1 but you'll lose priority to anyone who filed in between. Have you checked if there are any other filings against that debtor since February?
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James Martinez
•That's what I was afraid of. Haven't done a full search yet but need to. The equipment is specialized manufacturing stuff so hopefully not too many other creditors but still nervous about it.
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Alexander Zeus
•Definitely do that search ASAP. Priority date will be when you refile, not the original 2020 date.
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Alicia Stern
Been there with a missed continuation in NJ. The SOS system won't accept a late continuation filing - it'll just reject it. Like the previous poster said, you're looking at a new UCC-1 filing. Make sure your debtor name matches exactly what's on the Articles of Incorporation or you'll get rejected for that too. NJ is pretty strict about exact name matching.
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James Martinez
•Good point about the name matching. I think we used a trade name on the original filing which worked in 2020 but maybe they've gotten stricter?
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Alicia Stern
•Yeah they definitely have. I'd use the exact legal name from the state records to be safe.
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Gabriel Graham
•This is actually where I started using Certana.ai's document checker. You can upload your Articles of Incorporation and the UCC-1 draft and it'll flag any name mismatches before you file. Saved me from getting rejected twice last year.
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Drake
Wait, are you sure about the lapse date? I thought NJ gave you a 6-month grace period after the 5-year mark. Let me check... no wait, that's for renewals not continuations. Never mind, you're right about being past the deadline.
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Olivia Harris
•No grace period for continuations. It's pretty harsh but that's the law.
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Drake
•Yeah I was confusing it with corporate renewals. UCC is much more strict about deadlines.
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Sarah Jones
This exact thing happened to a client of mine last year - $240k in equipment, missed the continuation by 3 months. Had to refile as new UCC-1 and thankfully no other creditors had filed in between. But the stress level was through the roof until we confirmed priority. Document everything about when you discovered the lapse for your lender.
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James Martinez
•That's somewhat reassuring that your client's situation worked out. Did the lender give you any grief about the gap in perfection?
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Sarah Jones
•They weren't happy but since we caught it and refiled immediately, and there were no intervening creditors, they accepted it. Just had to provide extra documentation about the lapse.
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Sebastian Scott
•The lender reaction really depends on their internal policies. Some are understanding if you're proactive about fixing it.
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Emily Sanjay
I hate the NJ UCC portal honestly. It's not user-friendly and the rejection notices are confusing. Plus they don't send any reminder emails about upcoming expirations like some other states do. Easy to miss deadlines when you're juggling multiple filings across different states.
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James Martinez
•Tell me about it. We have filings in 5 different states and keeping track of all the different deadlines is a nightmare.
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Alicia Stern
•That's why I keep a spreadsheet with all expiration dates. Set calendar reminders 90 days out.
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Gabriel Graham
•Actually Certana.ai also tracks continuation deadlines if you upload your UCC-1s. Sends email reminders 6 months before expiration. Wish I'd known about it earlier.
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Jordan Walker
Just to clarify the process - you'll need to file a completely new UCC-1, not try to amend or continue the old one. Use the current date as your priority date. Make sure your collateral description is comprehensive since you're starting fresh. And yes, definitely run a search first to see what else might be out there.
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James Martinez
•Should I use the same collateral description as the original 2020 filing or update it? Some of the equipment serial numbers might have changed due to upgrades.
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Jordan Walker
•I'd update it to reflect current reality. If equipment was replaced or upgraded, use current serial numbers and descriptions.
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Natalie Adams
This is why I always file continuations at least 90 days before the deadline. Gives you buffer time if there are any rejection issues. For your situation though, definitely get that new UCC-1 filed ASAP. Every day you wait is another day someone else could potentially file against the same debtor.
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James Martinez
•Yeah lesson learned on the timing. Going to file this week once I get the debtor name verification sorted out.
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Alexander Zeus
•Smart move. Speed is critical at this point.
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Elijah O'Reilly
Had something similar happen in NJ two years ago. The key thing is being transparent with your lender about what happened and your timeline for fixing it. Most lenders would rather work with you on a solution than have an unperfected security interest. Also make sure you keep detailed records of when you discovered the lapse and when you refiled.
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James Martinez
•Good advice on the documentation. I'm putting together a timeline of events to present to the lender along with the new filing confirmation.
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Elijah O'Reilly
•Exactly. Shows you're taking it seriously and being proactive about the fix.
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Amara Torres
•Documentation is key. Lenders appreciate transparency when mistakes happen.
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Olivia Van-Cleve
One thing to watch out for - make sure you're not creating any issues with your loan documentation. Some loan agreements have specific language about maintaining perfected security interests continuously. You might need to get a waiver or amendment from the lender acknowledging the gap.
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James Martinez
•Hadn't thought about the loan agreement language. I'll need to review that. Might need legal counsel if there are specific covenant issues.
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Olivia Van-Cleve
•Yeah definitely worth checking. Better to address it upfront than have it come up later during a review or audit.
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Mason Kaczka
This thread is giving me anxiety about my own filings lol. I have a NJ UCC-1 that expires next year and now I'm paranoid about missing the deadline. Going to set multiple calendar reminders right now.
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Alicia Stern
•Smart move. I use calendar reminders at 6 months, 3 months, and 1 month before expiration.
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Mason Kaczka
•That's exactly what I'm doing now. This thread was a good wake-up call.
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Gabriel Graham
•Or just upload your UCC-1 to Certana.ai and let it track the deadlines for you. One less thing to worry about manually.
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Sophia Russo
Quick update - I filed the new UCC-1 this morning and it was accepted within a few hours. Used the exact legal name from the Articles of Incorporation and updated collateral descriptions. Now just waiting on the search results to confirm no intervening filings. Thanks everyone for the advice, especially about the name matching requirements.
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Olivia Harris
•Great news! Hopefully the search comes back clean and you can put this behind you.
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Alicia Stern
•Fingers crossed on the search results. Sounds like you handled it as well as possible under the circumstances.
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Sarah Jones
•Good work getting it filed quickly. That's really the best you can do in this situation.
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Mikayla Davison
Just want to add that it's worth implementing a systematic tracking process going forward to prevent this from happening again. I manage UCC filings across multiple states and found that creating a master spreadsheet with automated email alerts has been a lifesaver. Include columns for filing date, expiration date, state, debtor name, and collateral value - then set up calendar reminders at 12 months, 6 months, and 3 months before expiration. The peace of mind is worth the initial setup time, especially when you're dealing with high-value collateral like your $180k equipment.
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