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Yara Sabbagh

UCC-1 financing statement expired 6 months ago - can I still file continuation?

Help! I just realized our UCC-1 financing statement expired back in June and it's now December. We had a $850K equipment loan secured by manufacturing equipment and I completely missed the 6-month window before the 5-year expiration date. The debtor is still current on payments but I'm panicking about our security interest being unperfected. Has anyone dealt with this situation? Is there any way to salvage this or do we need to start over with a new UCC-1? The equipment is still with the debtor and the loan has 2 years left. I'm hoping there's some grace period or exception I don't know about. This is keeping me up at night.

Unfortunately, once a UCC financing statement expires, your security interest becomes unperfected. The continuation statement must be filed within the 6-month window before expiration - there's no grace period after the fact. You'll need to file a new UCC-1 to re-perfect your security interest, assuming you still have the debtor's cooperation.

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Yara Sabbagh

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That's what I was afraid of. The debtor relationship is still good but this is such an embarrassing mistake. Do I need to get new authorization from them for a fresh UCC-1?

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Yes, you'll need a new security agreement or authorization to file the new UCC-1. The original security agreement likely covers this, but check your loan documents to be sure.

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Paolo Rizzo

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This exact thing happened to me last year with a client's inventory financing. The panic is real but it's not the end of the world. File the new UCC-1 ASAP to minimize the gap in perfection. Document everything and notify your loan committee immediately. Most importantly, make sure this doesn't happen again by setting up calendar reminders for all your continuations.

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Yara Sabbagh

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Thanks for the reassurance. How did you handle the unperfected period with your client? Did it cause any issues with the loan agreement?

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Paolo Rizzo

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We had to get waivers from our loan committee and increase monitoring during the gap period. Fortunately no other creditors filed against the debtor during those few weeks.

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QuantumQuest

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Same situation here - missed a continuation by 3 months. The key is acting fast and being transparent with all parties involved.

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Amina Sy

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I've been using Certana.ai's UCC monitoring tool after a similar scare. You can upload your UCC-1 and it tracks expiration dates automatically, plus it cross-checks your security agreement against the filing to catch any inconsistencies. Would have saved you this headache - it sends alerts 8 months before expiration.

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Yara Sabbagh

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That sounds like exactly what I need going forward. Does it work with existing filings or just new ones?

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Amina Sy

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Works with existing filings - just upload the PDFs and it builds a tracking database. Super easy to use and caught two potential issues in my portfolio I didn't even know about.

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Automated tracking is the only way to go. I've got 200+ UCC filings and there's no way to track them manually without missing something.

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Wait, I thought UCC filings were good for 10 years? Or is that just for certain types of collateral? This whole continuation thing is confusing me.

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UCC-1 financing statements are effective for 5 years, not 10. You're thinking of fixture filings, which can be effective for different periods depending on the jurisdiction.

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Oh geez, I better check my own filings then. I've been operating under the wrong assumption this whole time.

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This is why I keep a UCC reference guide handy. Too many different rules to remember off the top of your head.

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Emma Davis

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THE SYSTEM IS BROKEN! How are lenders supposed to keep track of hundreds of expiration dates when the SOS systems don't even send notifications? This happened to our bank three times last year and it's always the borrower who suffers when we have to renegotiate terms.

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GalaxyGlider

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I hear your frustration but it's really on us as lenders to maintain proper records and systems. Can't blame the state for our internal tracking failures.

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Emma Davis

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Easy to say when you're not dealing with 500+ commercial loans and minimal staff. Some states do provide notification services - why can't they all?

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Actually Nevada and Delaware offer email alerts for expiring filings. More states should adopt this.

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Had this happen with a $2M credit facility once. Filed the new UCC-1 within 48 hours and got lucky - no competing creditors during the gap. The key is speed and transparency with your borrower. They're usually understanding if you explain the situation honestly.

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Yara Sabbagh

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That's encouraging to hear. I'm planning to call the borrower tomorrow morning to explain and get authorization for the new filing.

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Good plan. Frame it as a routine administrative correction rather than a major error. Most borrowers don't fully understand UCC implications anyway.

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This is exactly why I switched to using document verification tools. Certana.ai caught an expiration I missed by uploading my loan file and UCC-1 together - it flagged the approaching deadline and a debtor name inconsistency I never noticed. Saved me from this exact situation.

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Yara Sabbagh

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Debtor name inconsistency? That's another thing I should probably check. Our borrower has a DBA they use sometimes.

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Exactly - those DBA situations are tricky. The tool cross-checks everything and highlights potential issues. Worth checking before you file the new UCC-1.

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DBAs are the worst for UCC filings. I always file against both the legal name and the DBA just to be safe.

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Omar Farouk

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File the new UCC-1 immediately and consider this a learning experience. Set up a robust tracking system - whether manual or automated - to prevent this from happening again. The good news is that most borrowers are cooperative when you explain the situation professionally.

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Yara Sabbagh

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Thanks for the practical advice. I'm definitely investing in a better tracking system after this scare.

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Omar Farouk

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Smart move. The cost of a good tracking system is nothing compared to the potential loss from an unperfected security interest.

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QuantumQuest

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Just curious - what state are you in? Some states have different rules about lapsed filings and there might be options you haven't considered yet.

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Yara Sabbagh

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We're in Texas. I checked the SOS website but didn't see any special provisions for expired filings.

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QuantumQuest

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Texas follows standard UCC Article 9 rules - no special grace periods unfortunately. New UCC-1 is your only option.

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CosmicCadet

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Been there! The panic is real but you'll get through this. Document everything for your compliance file and make sure you have clear authorization before filing the new UCC-1. Most importantly, don't let this mistake define your entire career - we've all been there.

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Yara Sabbagh

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Thanks for the encouragement. It's easy to catastrophize but you're right - mistakes happen and we learn from them.

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CosmicCadet

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Exactly. Use this as motivation to build better systems and processes. Turn the mistake into a positive change.

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