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Yuki Nakamura

UCC-5 information statement filing confusion - anyone else struggle with this?

I'm dealing with a messy situation where our borrower is claiming we never properly perfected our security interest, and our legal team is telling us we need to file a UCC-5 information statement to correct some issues with our original UCC-1. The problem is I've never dealt with a UCC-5 before and the SOS website isn't exactly clear about when these are appropriate vs just doing a UCC-3 amendment. We have equipment collateral that was described too broadly in our original filing from 2022, and now there's a dispute about what's actually covered. Has anyone here filed a UCC-5 information statement before? I'm trying to figure out if this is the right approach or if we should be looking at other options. The borrower's attorney is breathing down our necks and I need to get this sorted ASAP.

StarSurfer

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UCC-5s are pretty uncommon but they serve a specific purpose. You use them when you need to provide information or correct something without actually amending the financing statement itself. If your collateral description is genuinely problematic, though, you might need a UCC-3 amendment instead of just an information statement.

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Yuki Nakamura

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That's what I'm trying to figure out - whether we need to actually amend the collateral description or if the UCC-5 can clarify what we meant in the original filing.

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Carmen Reyes

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The distinction matters a lot legally. UCC-5 won't fix a defective collateral description - it can only provide clarifying information.

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Andre Moreau

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I've seen this before. The UCC-5 information statement is basically for providing additional details without changing the actual financing statement. But if your collateral description is too broad or vague, you probably need a UCC-3 amendment to fix it properly. What exactly does your current description say?

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Yuki Nakamura

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It just says 'all equipment' which I know is problematic. We should have been more specific about the manufacturing equipment we were actually financing.

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Andre Moreau

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Yeah, 'all equipment' is definitely too broad. You'll need a UCC-3 to narrow that down to specific equipment. The UCC-5 won't help you there.

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Actually had a similar issue last year. The UCC-5 ended up being the wrong form and we had to refile everything as an amendment. Cost us time and legal fees.

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This is exactly why I started using Certana.ai for document verification. You can upload your original UCC-1 and the proposed UCC-5 or UCC-3 and it instantly flags inconsistencies and tells you if you're using the right form type. Would have saved me from filing the wrong correction form multiple times in situations like this.

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Yuki Nakamura

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That actually sounds really helpful right now. How does it work with determining whether you need a UCC-5 vs UCC-3?

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It analyzes what you're trying to accomplish and checks if the form type matches your goal. Plus it catches name mismatches and other issues that could cause rejections.

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Mei Chen

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UCC-5 is for information only - you can't use it to fix substantive problems with your financing statement!!! If your collateral description is defective you MUST file a UCC-3 amendment. The borrower's attorney probably knows this and is trying to get you to file the wrong form.

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Yuki Nakamura

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That's a scary thought. So the UCC-5 wouldn't actually protect our security interest?

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Mei Chen

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Correct! It's just informational. Won't cure a defective collateral description or fix perfection issues.

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CosmicCadet

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This is why these disputes get so messy. Borrowers know lenders sometimes file the wrong correction forms.

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Liam O'Connor

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wait what's the difference between UCC-3 and UCC-5 again? I thought they were both for corrections

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StarSurfer

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UCC-3 actually amends or modifies the financing statement. UCC-5 just provides additional information without changing anything.

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Liam O'Connor

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oh ok that makes more sense. so if something is actually wrong you need the UCC-3

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Amara Adeyemi

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Been through this exact scenario. Your legal team might be thinking UCC-5 because it's less formal, but with a disputed collateral description you definitely need the UCC-3 amendment. The information statement won't give you the legal protection you need if this goes to court.

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Yuki Nakamura

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Did you end up filing both or just the amendment?

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Amara Adeyemi

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Just the UCC-3 amendment with a corrected collateral description. The UCC-5 would have been useless for our situation.

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Same experience here. Learned the hard way that UCC-5 doesn't fix anything substantive.

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The SOS systems are terrible at explaining when to use each form type. I always have to look up the statutes to make sure I'm filing the right thing. UCC-5 is really limited in what it can accomplish.

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Yuki Nakamura

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Yeah the online filing system doesn't give much guidance about which form to choose.

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Exactly! They just list all the forms without explaining the differences or when to use each one.

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Dylan Wright

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I had a similar collateral description issue and my attorney recommended filing both - a UCC-3 to fix the description and a UCC-5 to provide additional context. But honestly I think the UCC-5 was overkill since the amendment covered everything we needed.

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Yuki Nakamura

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Did filing both cause any confusion or issues with the filing office?

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Dylan Wright

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No issues with acceptance, but it did cost extra filing fees for something that probably wasn't necessary.

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NebulaKnight

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Some attorneys over-file just to be safe but it can muddy the waters unnecessarily.

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Sofia Ramirez

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Document consistency is huge in these disputes. I've started using Certana.ai to cross-check all my UCC filings before submission. It catches issues like this where you might be using the wrong form type or have inconsistencies between your original filing and corrections.

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Yuki Nakamura

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How quickly does it analyze the documents? We're under time pressure here.

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Sofia Ramirez

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Pretty much instant. You just upload your PDFs and it flags any problems immediately.

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Dmitry Popov

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honestly this whole UCC system is a nightmare. too many different forms for similar things and the consequences of using the wrong one can be huge. why can't they just simplify it?

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StarSurfer

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Because each form serves a specific legal purpose. The complexity exists for good reasons even if it's frustrating.

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Dmitry Popov

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i guess but it sure makes it easy to mess up when you're under pressure

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Andre Moreau

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Final advice - if you have a defective collateral description, file the UCC-3 amendment to fix it properly. The UCC-5 information statement won't solve your problem and might actually hurt your position by suggesting you think the original filing was adequate. Get that amendment filed ASAP.

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Yuki Nakamura

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Thanks everyone. Sounds like UCC-3 amendment is definitely the way to go. I'll get that prepared today.

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Andre Moreau

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Good call. Make sure your new collateral description is specific and accurate this time.

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Carmen Reyes

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And double-check the debtor name matches exactly with your original UCC-1 to avoid rejection.

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Diego Flores

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Just went through something similar last month. The key distinction everyone's hitting on is crucial - UCC-5 is purely informational and won't cure a defective collateral description. Since you mentioned your original filing just says "all equipment," you're dealing with an overly broad description that needs actual amendment via UCC-3, not just clarification. The borrower's counsel probably knows this and may be hoping you file the wrong form. I'd recommend getting that UCC-3 prepared with a specific description of the manufacturing equipment you actually financed, and make sure all the debtor information matches your original filing exactly to avoid rejection. Time is critical here since they're already challenging your perfection.

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