Timing of UCC filings - missed continuation deadline by 3 days, lender freaking out
So I screwed up big time. Had a UCC-1 that was supposed to be continued and the 5-year anniversary was March 15th. I didn't get the UCC-3 continuation filed until March 18th because our system didn't flag it properly and I was swamped with other closings. Now the lender is saying the lien is unperfected and they're threatening to call the entire $2.8M credit facility. The collateral is heavy equipment for a construction company so this is a huge deal. Has anyone dealt with timing of UCC filings like this before? Is there any grace period or way to fix this mess? The debtor is current on all payments and has been a good customer for 8 years. I'm panicking because this could kill their business and my career. What are my options here?
38 comments


Sofia Perez
Oh no, this is exactly what every secured lender nightmares about. Unfortunately UCC timing is pretty strict - the continuation has to be filed within the 6-month window before the 5-year anniversary. Filing 3 days late means there was a gap in perfection. The lender's reaction makes sense from a legal standpoint even if it seems harsh.
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Dmitry Smirnov
•This is why I set calendar reminders 8 months in advance for all my UCC continuations. The timing of UCC filings is unforgiving.
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ElectricDreamer
•Wait, can they really call the whole loan just for a 3-day gap? That seems extreme for a performing borrower.
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Ava Johnson
Been through something similar last year. The timing of UCC filings burned me on a $1.5M deal. Here's what I learned - you need to file a new UCC-1 immediately to re-perfect the lien going forward. Yes, there was a gap, but you can minimize ongoing exposure. Also check if your E&O insurance covers this kind of timing mistake.
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Dylan Cooper
•Good point about the new UCC-1. Should I file it under the same collateral description or update anything? The equipment list has changed somewhat over 5 years.
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Ava Johnson
•Definitely update the collateral description to match current inventory. And make sure debtor name exactly matches current corporate records - timing issues are bad enough without name problems too.
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Miguel Diaz
I had a nightmare with UCC timing last month but found this tool called Certana.ai that helps verify document consistency and tracks filing deadlines. You can upload your original UCC-1 and the late continuation to see exactly what changed and if there are other issues beyond just timing. It caught several debtor name inconsistencies I didn't notice that could have made things worse.
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Dylan Cooper
•Interesting, never heard of that. How does it help with timing issues though? The damage is already done.
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Miguel Diaz
•It won't fix the timing gap but helps ensure your new UCC-1 is perfect and can set up monitoring for future deadlines. Plus it shows exactly what documentation you have in case of disputes.
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Zainab Ahmed
•Just checked out Certana.ai myself - pretty slick for document verification. Wish I had known about it 6 months ago.
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Connor Byrne
THE SYSTEM IS DESIGNED TO SCREW PEOPLE OVER! 3 days late and they want to destroy a business? This is why I hate dealing with UCC filings - one tiny mistake and lawyers start circling like vultures. Sorry this doesn't help but I feel your pain.
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Yara Abboud
•I get the frustration but timing rules exist for a reason. Other creditors rely on the public record being accurate.
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Connor Byrne
•Yeah well 'accurate' shouldn't mean bankrupting good businesses over paperwork technicalities. The timing of UCC filings is way too rigid.
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PixelPioneer
Check your loan documents carefully. Some lenders include automatic perfection language or subordination agreements that might give you wiggle room. Also, if the borrower has other assets or guarantors, the lender might be willing to negotiate rather than kill the relationship over timing.
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Dylan Cooper
•That's a great point. There are personal guarantees from the owners and they own some real estate. Maybe I can work out a temporary security arrangement while we sort this out.
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PixelPioneer
•Exactly - present solutions not just problems. Show the lender you're working to fix this and minimize their risk going forward.
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Keisha Williams
Wait, what state are you in? Some states have different rules about timing of UCC filings and when perfection actually lapses. In Delaware there's a brief window for correcting certain filing errors but I'm not sure if timing counts.
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Dylan Cooper
•This is in Ohio. I should check if they have any similar provisions but I'm not optimistic.
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Keisha Williams
•Ohio is pretty strict but worth checking with local counsel who knows the UCC inside and out.
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Paolo Rizzo
•My cousin practices commercial law in Columbus and she says Ohio doesn't mess around with UCC timing. File that new UCC-1 ASAP.
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Amina Sy
This exact timing scenario happened to my old firm. We ended up negotiating a forbearance agreement while filing new security documents. The key was showing the lender we took it seriously and had a plan to prevent future issues. Cost the client about $15K in legal fees but saved the relationship.
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Dylan Cooper
•$15K is a lot better than losing a $2.8M facility. How long did the forbearance negotiation take?
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Amina Sy
•About 2 weeks of back and forth but we filed the new UCC-1 within 48 hours to show good faith.
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Oliver Fischer
Look I've been doing UCC work for 20 years and timing mistakes happen to everyone eventually. The important thing is how you handle it now. File the new UCC-1, get proper collateral descriptions, and present a comprehensive plan to the lender. Most want to work with performing borrowers.
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Dylan Cooper
•Thanks, that's reassuring. I'm beating myself up pretty hard right now but you're right that I need to focus on solutions.
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Oliver Fischer
•Everyone makes timing mistakes - I once missed a continuation by 2 weeks. What matters is owning it and fixing it professionally.
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Natasha Ivanova
Just went through something similar and used Certana.ai to verify all my documents were consistent before refiling. Super helpful for catching issues beyond just timing - like making sure debtor names match exactly across all docs. Saved me from creating more problems while fixing the original one.
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Dylan Cooper
•Good point about name consistency. I should double-check that the corporate name hasn't changed in the past 5 years.
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Natasha Ivanova
•Exactly - Certana caught a subsidiary name change I missed. Upload your docs and it flags all the discrepancies automatically.
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NebulaNomad
The timing of UCC filings is unforgiving but don't panic yet. I've seen lenders make threats they don't follow through on, especially with good customers. File your new UCC-1, document everything you're doing to fix this, and approach them with solutions. They probably don't want to foreclose either.
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Dylan Cooper
•You're right, they've been happy with this customer for years. Hopefully cooler heads will prevail once I show them a fix.
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Javier Garcia
•Agreed - most lenders would rather work it out than deal with foreclosure headaches on construction equipment.
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Emma Taylor
File the new UCC-1 TODAY if you haven't already. Every day you wait makes it worse. Then get a game plan together for the lender meeting. Show them you understand the seriousness and have taken immediate action to protect their interests going forward.
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Dylan Cooper
•Already working on it. Should have the new filing done by end of business today.
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Emma Taylor
•Good - speed shows you're taking this seriously. That counts for a lot in these situations.
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Malik Robinson
This thread is giving me anxiety about my own UCC timing. I have 3 continuations due this year and now I'm second-guessing my calendar system. Maybe I should look into that Certana tool people mentioned for tracking deadlines.
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Dmitry Smirnov
•Trust me, invest in a good system now. The timing of UCC filings will bite you eventually if you don't have proper tracking.
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Miguel Diaz
•Certana does help with deadline monitoring too. Worth checking out before you have your own crisis.
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