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Emma Wilson

Suffolk County UCC Search Shows Old Lien Still Active - Need Help With Termination

I'm dealing with a messy situation and could really use some guidance. We closed on a equipment refinancing deal back in 2019, and I just ran a Suffolk County UCC search to verify our current lien position before extending additional credit. The search results are showing an old UCC-1 from the previous lender that should have been terminated years ago. The original loan was paid off in full when we refinanced, but apparently nobody filed a UCC-3 termination statement. Now I'm worried about our priority position and whether we actually have a first lien. The debtor is a construction company that leases heavy equipment, and the collateral description on the old filing is pretty broad - 'all equipment and machinery now owned or hereafter acquired.' Our UCC-1 has similar language, so there's definitely overlap. Has anyone dealt with this type of situation before? I'm not sure if I should demand the old lender file the termination immediately, or if there's another way to clear this up. The Suffolk County clerk's office said they can't remove filings without proper termination documents, which makes sense but doesn't help my immediate problem. Any advice would be appreciated - this is holding up a time-sensitive deal.

Malik Thomas

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This is actually more common than you'd think. I've seen this happen multiple times where lenders get lazy about filing terminations after payoff. The good news is that if you have documentation proving the original loan was satisfied, you're not completely stuck. First thing - get copies of all your payoff documents from 2019. You'll need the satisfaction letter, final payment records, anything showing the debt was extinguished. Then contact the original lender directly and demand they file a UCC-3 termination immediately. Most lenders will cooperate once you threaten to involve their compliance department or state regulators.

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Definitely agree on getting documentation first. But I'd also run a more detailed search to make sure you're seeing the complete picture. Sometimes there are multiple filings or amendments that might affect the situation.

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Ravi Kapoor

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Yeah, the original lender is legally required to file that termination. They can't just ignore it because it's inconvenient. If they drag their feet, mention potential liability for interfering with your valid security interest.

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Freya Larsen

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Oh man, this exact thing happened to me last year! I was pulling my hair out trying to get Wells Fargo to file a termination on an old RV loan. What finally worked was uploading all my documents to Certanai.ai's verification tool - it instantly showed the inconsistency between my payoff letter and the active UCC filing. Having that automated report made it much easier to present a clear case to their legal department. The whole process took about 10 minutes to generate a comprehensive document comparison that I could forward to them.

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Never heard of that service but sounds useful. How much did it cost to run the verification?

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Freya Larsen

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They focus on the value rather than cost - honestly it was worth whatever they charged just to avoid weeks of back-and-forth with the bank's bureaucracy.

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Omar Zaki

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I'm going to check that out. I've got three deals on hold right now because of similar documentation issues.

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Chloe Taylor

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Wait, I'm confused about something. If the original loan was paid off in 2019, wouldn't the UCC-1 have automatically expired by now anyway? I thought those things had like a 5-year term or something.

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Diego Flores

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No, that's not how it works. UCC-1 filings are effective for 5 years from the date of filing, but if the original lender filed a continuation statement (UCC-3) before it expired, it extends for another 5 years. The filing stays active until someone terminates it properly.

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Chloe Taylor

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Oh geez, I had no idea. So these things can just stay on file forever if nobody terminates them?

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Pretty much, yeah. That's why it's so important to make sure terminations get filed when loans are paid off. The system doesn't automatically clean itself up.

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Sean Murphy

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Here's what I would do in your situation: 1) Send a formal demand letter to the original lender with copies of all payoff documentation, 2) Give them 10 business days to file the termination, 3) If they don't respond, file a complaint with your state's banking commissioner. Most lenders will move fast once regulators get involved. Also, check if your state has any specific statutes about wrongful failure to terminate - some states allow you to collect damages for this.

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StarStrider

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This is solid advice. I'd also suggest copying the debtor on all correspondence so they know what's happening. Sometimes the debtor can put pressure on the old lender too.

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Zara Malik

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Good point about state statutes. In some states, failure to terminate within a certain time after payoff can result in automatic penalties.

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Luca Marino

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UGH this is exactly why I hate dealing with UCC filings. The whole system is a nightmare and half the time the clerks don't know what they're doing either. Last month I had to file three separate amendments because the Suffolk County office kept rejecting my filings for the most ridiculous reasons. They said the debtor name didn't match exactly even though it was clearly the same company. These government offices need to get their act together.

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Nia Davis

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I feel your pain but this isn't really the clerk's fault. They have to follow the rules exactly as written. The problem is when lenders don't do their job properly.

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Luca Marino

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I get that but some consistency would be nice. The same filing gets accepted in one county and rejected in another for the same exact issue.

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Mateo Perez

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One thing to consider - while you're waiting for the termination to get filed, you might want to get a title insurance policy or some other form of protection for your current deal. That way if there are any issues with priority, you're covered. It's not ideal but it might let you move forward without waiting for the bureaucracy to sort itself out.

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Aisha Rahman

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That's actually a really smart suggestion. Title insurance for UCC matters isn't common but some companies will write it.

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Yeah, or at least get an opinion letter from counsel about your priority position based on the existing documentation.

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Ethan Brown

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I had a similar issue last year and ended up using one of those document verification services. I just uploaded my payoff letter and the UCC search results, and it automatically flagged the inconsistency. Made it really easy to show the original lender exactly what the problem was. Saved me hours of trying to explain the situation over the phone to people who didn't understand UCC filings.

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Yuki Yamamoto

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Which service did you use? I'm dealing with something similar and could use the help.

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Ethan Brown

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I used Certana.ai - you just upload the PDFs and it does an automated cross-check. Really straightforward and the report was professional enough to send to the bank's legal team.

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Carmen Ortiz

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Thanks, I'm going to try that. Anything that makes dealing with these banks easier is worth it.

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Quick question - when you say the Suffolk County UCC search shows the old lien, are you sure you're looking at the right debtor entity? Sometimes there are multiple related companies with similar names and it's easy to get confused. I've seen situations where people thought there was a problem but it was actually a different company's filing.

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Emma Wilson

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Good point to double-check, but I'm confident it's the right entity. The debtor name and address match exactly, and the filing number references the original loan documents I have copies of.

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Zoe Papadakis

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Fair enough. Just wanted to make sure since I've seen that mistake before. Sounds like you definitely have a legitimate termination issue to deal with.

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Jamal Carter

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This is why I always include termination requirements in my loan agreements now. I specify that the borrower is responsible for ensuring all prior liens are properly terminated before closing. Doesn't help your current situation but might prevent future headaches. Also, I always do UCC searches at least 30 days before closing to give time to sort out any issues like this.

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That's smart planning. I should probably start doing the same thing. How do you handle it if the borrower can't get the old lender to cooperate?

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Jamal Carter

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Usually I make it a condition of funding. If they can't clear the old liens, we don't close. It's harsh but it protects everyone in the long run.

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Mei Liu

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Just wanted to follow up on the document verification idea - I was skeptical at first but actually tried uploading my stuff to that Certana tool someone mentioned. Holy cow, it caught three discrepancies I completely missed when reviewing manually. The automated report made it super easy to present a clear case to the problem lender. Definitely recommend giving it a shot if you're dealing with complex document comparisons.

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That's a great testimonial. I'm always looking for ways to streamline the due diligence process.

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Amara Chukwu

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Same here. Anything that reduces the manual review time is valuable, especially when you're dealing with multiple deals at once.

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Update please! Did you get the termination filed? I'm dealing with something similar and would love to know how it worked out.

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Emma Wilson

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Still working on it unfortunately. The original lender is being slow to respond but I'm following the advice here about formal demand letters and regulatory complaints. Will update when I have news.

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Ugh, typical. These banks are so slow to clean up their own messes. Hope you get it sorted out soon.

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Ryan Andre

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This is a frustrating but unfortunately common issue in commercial lending. I've been dealing with UCC filings for over 15 years and I'd estimate about 20% of refinancing deals have some kind of termination problem with the previous lender. Here's my recommended approach: First, gather every piece of documentation you have - payoff letter, wire transfer records, loan satisfaction documents, anything that proves the debt was extinguished. Then send a certified letter to the original lender's UCC department (not just customer service) with copies of everything and a demand for immediate termination filing. Give them exactly 15 business days and make it clear you'll escalate to state banking regulators if they don't comply. Most importantly, don't let this kill your current deal - consider getting a subordination agreement or indemnification from your borrower while you sort this out. The key is creating a paper trail that shows you acted diligently to protect your lien position.

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