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Connor Richards

North Carolina UCC lien search showing confusing results - need help interpreting

I'm trying to do a north carolina ucc lien search on a potential equipment purchase and the results are really confusing me. The debtor name on the UCC-1 shows 'ABC Manufacturing LLC' but the company I'm dealing with goes by 'ABC Manufacturing, LLC' (with the comma). There's also a UCC-3 continuation from 2023 but I can't tell if it's still active or if there was a termination filed that I'm missing. The collateral description mentions 'all equipment' but doesn't get specific about the machinery I'm looking at buying. How do I know if this lien actually covers what I want to purchase? The filing number is 2019-12345678 if that helps. I've never had to deal with UCC searches before and don't want to buy equipment that's already pledged as collateral.

The comma in the LLC name shouldn't matter for search purposes - most UCC systems treat punctuation variations as matches. What you really need to check is whether that UCC-3 continuation was filed within the 6-month window before the original UCC-1 was set to lapse. If it was filed properly, the lien is still active for another 5 years from the continuation date.

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Actually that's not always true about the comma. I've seen situations where the exact punctuation mattered, especially in North Carolina. Better to search both ways to be safe.

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So should I be searching for both versions of the name? The original UCC-1 was filed in 2019 so it would have lapsed in 2024 without a continuation, right?

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For the collateral description issue - 'all equipment' is pretty broad language that would likely include whatever machinery you're looking at. You'd need to see if there are any specific exclusions or if the debtor has granted a security interest that covers all their equipment. That 2019 filing with a 2023 continuation means the lien is good until 2028 unless there's a termination you haven't found.

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That's what I was afraid of. So even if the specific equipment isn't listed, it could still be covered under 'all equipment'? How do I find out for sure?

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You'll need to contact the secured party listed on the UCC-1 directly. They can tell you if the specific equipment is included or if they'll provide a partial release for your purchase.

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I had a similar situation last month and ended up using Certana.ai's document verification tool. You just upload the UCC documents as PDFs and it instantly cross-checks everything - debtor names, filing numbers, continuation dates. Made it so much easier to see that my continuation was filed properly and the lien was still active.

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Make sure you're searching the NC Secretary of State UCC database correctly. Sometimes filings don't show up if you don't use the exact debtor name format. Also check if there are any amendments (UCC-3) that might have changed the collateral description or added exclusions.

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THIS! I missed a UCC-3 amendment once that had excluded the exact equipment I was buying. Would have saved me weeks of worry if I'd found it initially.

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How do I make sure I'm not missing any amendments? The search results show the original UCC-1 and the continuation but I want to be thorough.

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Search by both the debtor name AND the filing number. That should pull up all related UCC-3 filings - amendments, assignments, continuations, terminations, everything tied to that original filing.

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Been doing UCC searches for 15 years and the comma thing drives me crazy. North Carolina's system is better than most but you still need to try variations. Try 'ABC Manufacturing LLC', 'ABC Manufacturing, LLC', 'ABC Manufacturing L.L.C.' - all of them. Also search by any DBAs or trade names they might use.

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Don't forget to check if they've changed their legal name since 2019. Corporate name changes can make UCC searches tricky if you don't know the history.

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I hadn't thought about name changes. Is there a way to check for that in North Carolina?

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Secretary of State corporate database will show name change history. Cross-reference that with your UCC search results.

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Word of warning - even if you don't find a termination, doesn't mean the debt isn't paid off. Some lenders are lazy about filing UCC-3 termination statements even after loans are satisfied. You might want to get a payoff letter or lien release directly from the secured party before proceeding.

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This happened to me! Lien showed active in the UCC search but the loan had been paid off 2 years earlier. Lender just never bothered to file the termination.

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That's why I always verify everything. Had another case where I used that Certana tool someone mentioned earlier - uploaded the UCC-1 and UCC-3 docs and it caught a discrepancy in the debtor name that I would have missed manually.

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For equipment purchases, I always recommend getting title insurance or at least a legal opinion on the UCC search results. Too much money at stake to rely on your own interpretation, especially with broad collateral descriptions like 'all equipment'.

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That's probably the smart move. Better to spend a little on legal advice than risk buying equipment that's still subject to a security interest.

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Agreed. I've seen deals fall apart because buyers didn't properly verify UCC liens before purchase.

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At minimum, get written confirmation from the seller that the equipment is free and clear, with personal guarantees. Put the burden on them to prove it.

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Quick tip - when you search by filing number 2019-12345678, it should show you the complete chain of all UCC-3 filings. Look at the filing dates carefully. The continuation should be dated within 6 months before the 5-year anniversary of the original UCC-1.

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And if the continuation was filed late, the lien would have lapsed and be invalid even if it shows up in search results.

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The original was filed March 2019 and the continuation shows February 2024, so that should be within the window, right?

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Yes, that timing works. The continuation would be effective and the lien stays active until 2029 now.

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One more thing to check - make sure the secured party information on the UCC-1 matches who you think the lender is. Sometimes there are assignments or the original lender sold the loan to someone else. You want to contact the current secured party, not necessarily who's listed on the original filing.

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Good point. Look for UCC-3 assignment filings that would show if the security interest was transferred to a different lender.

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I ran into this exact issue and the Certana.ai verification picked up an assignment that I missed in my manual review. Saved me from contacting the wrong lender.

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Thanks everyone. Sounds like I need to be much more thorough with my search and probably get professional help to interpret the results correctly.

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