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Paolo Marino

Need help to file UCC lien - first time doing this myself

So I'm in a situation where I need to file a UCC lien against equipment we financed for a customer who stopped making payments. This is my first time handling this without our usual legal team (trying to save costs). The equipment is some heavy machinery worth about $180k and it's located at their facility in the industrial district. I have the original loan docs but I'm getting confused about the UCC-1 form requirements. Do I need to describe the exact equipment serial numbers or can I use a general description? Also not sure about the debtor name - their business goes by "Mike's Fabrication" but their LLC filing shows "Michael's Metal Fabrication LLC". Which name should I use on the UCC-1? The payment default happened 3 weeks ago and I'm worried about other creditors getting ahead of us. Any guidance would be really appreciated.

Amina Bah

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You definitely want to use the exact legal entity name from their LLC filing - "Michael's Metal Fabrication LLC" not the DBA. The Secretary of State will reject your filing if the debtor name doesn't match their records exactly. For collateral description, you can use general language like "all equipment, machinery, and fixtures" but serial numbers make it stronger if you have them readily available.

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Oliver Becker

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This is crucial advice. I've seen so many UCC-1 filings get rejected because people used the wrong debtor name format.

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Wait, but what if they do business under both names? Shouldn't he list both to be safe?

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Amina Bah

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No, you only use the legal entity name on the UCC-1. The DBA doesn't matter for secured party purposes - it's the LLC that owns the equipment legally.

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Get that filing done ASAP! UCC liens are first-come-first-served basically. If another creditor files before you, they could jump ahead in priority. Most states allow electronic filing now which is much faster than paper. Check your state's SOS website for the online portal.

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Paolo Marino

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Thanks - I found the online portal but it's asking for a bunch of fields I'm not sure about. There's a checkbox for "fixture filing" - do I need that for equipment?

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Fixture filing is only if the equipment is permanently attached to real estate. Mobile machinery usually doesn't qualify. Skip that checkbox unless it's bolted down permanently.

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Emma Davis

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I was in almost the exact same situation last year with a defaulted equipment loan. Made so many mistakes on my first UCC-1 attempt - wrong debtor name format, vague collateral description, missed required fields. Got rejected twice before I figured it out. Then I found this tool called Certana.ai that lets you upload your loan documents and it automatically checks everything against UCC requirements. Would have saved me weeks of back-and-forth with the filing office.

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Paolo Marino

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That sounds really helpful - I'm definitely prone to making those kinds of detail mistakes. How does it work exactly?

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Emma Davis

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You just upload your loan docs and the UCC-1 form as PDFs and it cross-checks everything - debtor names, collateral descriptions, all the technical requirements. Catches inconsistencies before you file and get rejected.

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LunarLegend

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Interesting, never heard of that service. Does it handle state-specific requirements too?

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Malik Jackson

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BE VERY CAREFUL with the collateral description! Too vague and it might not hold up in court if you need to enforce. Too specific and you might miss something important. I always recommend including both general categories AND specific items with serial numbers when possible.

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Agree 100%. I've seen cases where "all equipment" wasn't enough because it was too broad to identify specific assets.

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Ravi Patel

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But isn't there a character limit on those description fields? How do you fit detailed descriptions for multiple pieces of equipment?

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Malik Jackson

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You can attach additional schedules if needed. Most states allow continuation sheets for detailed collateral listings.

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Just a quick note - make sure you have the correct address for the debtor too. It needs to match their registered address with the state, not necessarily where the equipment is located. The equipment location goes in a separate field if required.

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Paolo Marino

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Good point - their registered address is different from where the equipment is. I'll double-check that on the LLC records.

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Omar Zaki

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This is why UCC filings are so tricky - there are like 20 different address fields and they all mean different things!

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Three weeks since default isn't terrible but don't wait much longer. Other creditors might be moving too, especially if they suspect financial trouble. Also check if your original loan agreement requires specific notice periods before you can file the UCC lien.

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Wait, I thought UCC liens got filed when you made the loan, not after default?

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You're thinking of UCC-1 financing statements to perfect security interests. This sounds like he's filing to establish a lien after default, which is different.

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Diego Flores

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Actually I think there might be some confusion here about the difference between filing a UCC-1 to perfect a security interest vs. filing a lien...

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Ugh, the UCC filing system is such a pain. I spent hours last month trying to figure out why my UCC-3 amendment kept getting rejected. Turns out I had the wrong filing number format. These systems are not user-friendly at all for people who don't do this every day.

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Sean Flanagan

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Tell me about it! The error messages are completely unhelpful too. "Invalid format" doesn't tell you WHAT'S invalid.

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Zara Mirza

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That's exactly why I started using that Certana tool someone mentioned earlier. It catches those formatting issues before you even submit.

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NebulaNinja

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Make sure you keep detailed records of your filing - date, time, confirmation numbers, everything. If there are any disputes later you'll need to prove when you filed and that it was done correctly. Screenshot everything from the online portal.

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Luca Russo

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Smart advice. I learned this the hard way when I needed to prove filing priority in a bankruptcy case.

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Paolo Marino

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Good thinking - I'll make sure to document everything thoroughly.

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Nia Wilson

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One more thing - check if your state charges search fees when you're preparing the filing. Some states want you to search first to make sure there aren't conflicting filings on the same debtor. It's usually just a few dollars but good to know upfront.

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Mateo Sanchez

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Yeah, and some states require the search to be done within a certain timeframe before filing. Usually 30 days or something like that.

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Aisha Mahmood

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I always do the search anyway just to see what other creditors are out there. Sometimes it's eye-opening.

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Ethan Clark

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Update us when you get it filed! I'm curious how it goes since I might need to do something similar soon. These equipment financing situations are getting more common with all the economic uncertainty.

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Paolo Marino

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Will do! Planning to file tomorrow morning. Really appreciate all the helpful advice from everyone here.

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AstroAce

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Hope it goes smoothly for you. Equipment recovery can be a real hassle if you don't have your paperwork in order.

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Definitely try that Certana thing first if you're nervous about getting it right. Better safe than sorry with UCC filings.

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Carmen Vega

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Just wanted to echo what others said about using the exact legal entity name. I once had a UCC-1 rejected because I used "Inc." instead of "Incorporated" in the debtor name. The systems are very picky about exact matches to state records.

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That's ridiculous but totally believable. The whole system needs to be more forgiving of minor variations.

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Zoe Stavros

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At least most states show you the exact format when you do a business name search. That helps avoid those kinds of mistakes.

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