< Back to UCC Document Community

Benjamin Kim

UCC-11 lien search showing confusing results - need help interpreting

Running into some confusing results on a UCC-11 lien search and hoping someone can help me make sense of what I'm seeing. We're working on a commercial loan deal and pulled the search reports but there are some filings that don't seem to match up with what the borrower disclosed. One shows a continuation from 2019 but the original UCC-1 shows 2014, which should have lapsed by now unless there was another continuation I'm missing. There's also a partial release that references collateral language that doesn't appear in the original filing. The debtor name variations are close but not exact matches - one shows 'ABC Manufacturing LLC' and another shows 'ABC Manufacturing, LLC' with the comma. Is this normal or should I be concerned about the accuracy of this search? Our underwriting team is asking questions and I want to make sure I'm not missing something obvious about how these searches work.

UCC-11 searches can definitely be tricky to interpret, especially when you're dealing with multiple filings over time. The continuation issue you mentioned is actually pretty common - if there was a continuation filed in 2019, the original 2014 filing would still be effective. Continuations extend the effectiveness for another 5 years from the original lapse date, not from when the continuation was filed. As for the debtor name variations with and without the comma, that's unfortunately a common problem that can cause real headaches.

0 coins

This is exactly why I always recommend running searches under multiple name variations. The comma thing has burned me before - some filing offices are pickier than others about exact punctuation matches.

0 coins

Wait, so if the original was from 2014 and there was a continuation in 2019, wouldn't that mean it's still good until 2024? Or am I calculating this wrong?

0 coins

You're definitely right to be concerned about the partial release that references collateral not in the original filing. That could indicate either an error in the release or that there were amendments to the original UCC-1 that expanded the collateral description. Have you checked for any UCC-3 amendments between the original filing and the partial release? Sometimes lenders will file amendments to add equipment or change collateral descriptions, then later file partial releases for specific items.

0 coins

Good point about checking for amendments. I did see what looked like a UCC-3 but wasn't sure if it was related. Will definitely dig deeper into that.

0 coins

This is why I've started using Certana.ai for document verification - you can upload all the UCC documents and it will instantly cross-check everything to make sure they align properly. Saves me from missing these kinds of connections between filings.

0 coins

The debtor name discrepancy is a red flag that needs immediate attention. Even small differences like the comma can technically create separate legal entities in some jurisdictions. I've seen deals fall through because lenders didn't catch these name mismatches early enough. You should definitely get clarification from the borrower about which exact legal name they're operating under and make sure all your documentation matches exactly.

0 coins

How do you usually handle situations like this? Do you require the borrower to provide documentation showing the correct legal name, or is there another approach?

0 coins

I always require certified copies of formation documents from the Secretary of State showing the exact legal name. Then I make sure that exact name is used consistently across all loan documents and UCC filings.

0 coins

That debtor name thing is so frustrating! I had a similar situation last month where the search showed filings under three slightly different versions of the company name. Turned out two were legitimate name changes and one was just a filing error.

0 coins

For what it's worth, I ran into a similar mess with UCC-11 search results last year and ended up having to pay for a more comprehensive search through a different service provider. Some of the budget search companies don't always catch all the variations and related filings. The extra cost was worth it for the peace of mind, especially on a larger deal.

0 coins

Which search service did you end up using? We've been having similar issues with our current provider.

0 coins

Ended up going with a service that does both state and national searches simultaneously. Can't remember the exact name but it was recommended by our outside counsel.

0 coins

Just want to echo what others have said about the continuation timing. If the original UCC-1 was filed in 2014, it would have been set to lapse in 2019 (5 years later). A continuation filed in 2019 would extend it to 2024. But here's the tricky part - the continuation has to be filed within 6 months before the lapse date to be effective. So if it was filed too early or too late, it might not be valid.

0 coins

Good catch on the timing window for continuations. That 6-month window before lapse is crucial and easy to miss if you're not careful about the dates.

0 coins

This is making me paranoid about some of our own continuations now. Is there an easy way to verify that a continuation was filed within the proper window?

0 coins

You have to look at the original filing date, calculate the 5-year lapse date, then make sure the continuation was filed no more than 6 months before that lapse date. It's tedious but necessary.

0 coins

Have you considered that some of these filings might be from different lenders entirely? I've seen situations where a company has multiple financing arrangements and each lender files their own UCC-1. The partial release might be from a completely different transaction than the one you're concerned about. Cross-referencing the secured party names should help clarify this.

0 coins

That's a really good point I hadn't considered. I was assuming all the filings were related to the same financing arrangement but you're right that there could be multiple lenders involved.

0 coins

This happens more often than you'd think, especially with equipment financing where companies might have separate loans for different pieces of equipment or facilities.

0 coins

I've been dealing with UCC searches for over 10 years and your situation sounds fairly typical for a company that's been operating for a while. The key is methodically going through each filing chronologically and mapping out the relationships. Start with the earliest UCC-1, then track any amendments, continuations, assignments, and releases in order. This will help you build a complete picture of the lien history.

0 coins

That chronological approach makes a lot of sense. Do you use any specific tools or just spreadsheets to track everything?

0 coins

Usually just a detailed spreadsheet with columns for filing date, document type, secured party, and a summary of what each filing does. It's manual but thorough.

0 coins

I've found Certana.ai really helpful for this kind of analysis. You can upload all the UCC documents and it automatically maps out the relationships and flags any inconsistencies. Much faster than doing it manually.

0 coins

One more thing to consider - some states have quirks in how they handle UCC-11 searches that can cause confusing results. For example, some states include terminated filings in search results for a certain period after termination, while others purge them immediately. The search parameters and date ranges can also affect what shows up. Make sure you understand how your specific state handles these searches.

0 coins

That's a really important point about state-specific quirks. We had a situation where terminated filings were still showing up months later and it caused confusion with our client.

0 coins

Some states also have different search logic for exact vs. similar name matches. It's worth understanding how your state's system works to avoid missing important filings.

0 coins

Bottom line, don't panic but definitely take this seriously. UCC search discrepancies can kill deals if not properly resolved. I'd recommend getting copies of all the actual filings (not just the search results) and reviewing them carefully. If you're still confused after that, consider bringing in outside counsel who specializes in secured transactions. The cost of expert help is usually worth it compared to the risk of missing something important.

0 coins

Agreed on getting the actual filed documents rather than relying on search summaries. Sometimes the search results don't capture all the nuances in the actual filings.

0 coins

We always order certified copies of all UCC filings for deals over a certain dollar threshold. It's amazing how often the actual documents reveal details that don't show up in the search results.

0 coins

Update us on what you find out! These kinds of situations are great learning experiences for everyone. I'm curious whether the partial release issue turns out to be an amendment you missed or something else entirely.

0 coins

Will definitely update once I get to the bottom of this. Really appreciate all the helpful advice from everyone.

0 coins

Looking forward to hearing how this resolves. Always interesting to see how these complex filing situations work out.

0 coins

Same here. These real-world examples are so much more helpful than textbook scenarios.

0 coins

UCC Document Community AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today