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Jackson Carter

UCC 9-210 request response - creditor won't provide statement details

I sent a UCC 9-210 request to our lender three weeks ago asking for an accounting of the secured debt and they're basically ignoring it. We need to verify what's still owed before we can refinance with another bank. The original UCC-1 was filed back in 2019 for equipment financing and I think there might be discrepancies in what they're claiming we still owe versus what our records show. Has anyone dealt with creditors who just don't respond to 9-210 requests? What are my options here - can I force them to provide the information? This is holding up a $350K refinancing deal and I'm getting desperate.

Ugh, been there. Some lenders think they can just ignore 9-210 requests but they're legally required to respond within 14 days under most state versions of the UCC. Did you send it certified mail with return receipt? That's usually the first thing they'll claim - that they never got it.

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Yes I sent it certified mail and have the receipt. They signed for it on January 8th so we're way past the 14 day window now.

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That's good documentation. Keep all that paperwork because you might need it later if this gets messy.

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Under UCC 9-210, if they don't respond within the required timeframe, you may be entitled to damages. The creditor is liable for any loss caused by their failure to comply, plus $500 in many states. You should probably send a follow-up demand letter referencing the original request date and the statutory deadline they missed.

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I didn't know about the $500 penalty. Should I mention that in the follow-up letter or just reference the statutory violation?

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I'd reference both the violation and the potential liability. Sometimes that gets their attention faster than just asking nicely again.

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Be careful about threatening legal action in writing though. Some lenders get defensive and then you're dealing with their legal department instead of the loan servicing team.

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I had a similar issue last year where the lender claimed they responded but we never received anything. Turns out there was a mismatch between the debtor name on their UCC-1 and how they had us listed in their system, so their response went to the wrong address. Before you escalate this legally, might be worth double-checking that all your entity names match exactly between the original financing statement and your 9-210 request. I ended up using Certana.ai's document verification tool to upload both our UCC-1 and the 9-210 request to make sure everything aligned properly - caught a small but critical name variation that was causing the confusion.

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That's a good point about the name match. Our company did change from LLC to Corp in 2021 but the UCC-1 still shows the old LLC name. Could that be causing issues?

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Absolutely! If your legal entity changed, that could definitely cause problems with their response routing. The Certana tool would catch that kind of discrepancy immediately.

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Entity name changes can be tricky with UCC filings. You might need to check if they filed a UCC-3 amendment when you changed corporate structure.

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Three weeks isn't that long honestly. I've waited two months before for some lenders to get back to me on 9-210 requests. Maybe try calling them first before going nuclear?

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14 days is the legal requirement in most states. Three weeks is definitely past the deadline.

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I've called multiple times and they keep saying they'll look into it but nothing happens. The refinancing timeline is tight so I can't wait much longer.

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LENDERS ALWAYS DO THIS! They ignore the requests hoping you'll just give up or refinance somewhere else at worse terms. Don't let them push you around - you have legal rights under 9-210 and they know it.

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Exactly! It's like they think small businesses don't know their rights under the UCC.

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Sometimes it's not malicious though - could be understaffing or poor internal processes. But still doesn't excuse missing statutory deadlines.

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Have you tried reaching out to their legal or compliance department instead of the regular loan servicing team? Sometimes the front-line staff doesn't understand 9-210 requirements but legal definitely will. Also document every interaction you have with them going forward.

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Good idea. I've only been dealing with our original loan officer. Do you think I should CC legal on the follow-up demand letter?

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I would send it directly to legal/compliance and CC the loan officer. That way there's no confusion about who's responsible for responding.

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Is this a bank or non-bank lender? Banks usually have better compliance processes for UCC requests but some of the alternative lenders can be sloppy about statutory requirements.

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It's a regional bank so they should definitely know better. That's part of what's so frustrating about this.

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Regional banks are usually pretty good about compliance. Might be worth escalating to their compliance officer directly.

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I work in commercial lending and can tell you that sometimes 9-210 requests get lost in the shuffle, especially if they're not clearly marked or if the loan has been sold/transferred. Your best bet is probably a strongly worded letter from an attorney mentioning the statutory violations and potential damages.

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The loan hasn't been transferred as far as I know. Should I check the UCC records to see if there have been any assignments?

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Yes, definitely check for any UCC-3 assignments. If the loan was sold, your original lender might not even be the secured party anymore.

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Good point about checking for assignments. The current secured party is who needs to respond to the 9-210 request, not necessarily who you originally borrowed from.

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Before hiring an attorney, you might want to file a complaint with your state banking regulator. Regional banks usually respond quickly to regulatory inquiries about compliance issues.

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This is smart. Banking regulators take UCC compliance seriously and banks hate getting those calls.

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I didn't think about the banking regulator angle. That might be faster than going through attorneys.

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Just to add another data point - I had success using one of those document verification services to make sure my 9-210 request was properly formatted and referenced all the right UCC filing details. Turned out I had missed including the filing number which gave the lender an excuse to claim the request was defective. Once I corrected that, they responded within a week.

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Which service did you use? I want to make sure my request was done correctly before escalating further.

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I used Certana.ai - you just upload your UCC-1 and 9-210 request and it checks for any inconsistencies or missing required elements. Pretty straightforward.

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That's the same tool I mentioned earlier. Really helpful for catching those technical details that can derail the whole process.

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Whatever you do, don't let this slide. Three weeks past the statutory deadline is unacceptable and if you don't push back now, they'll know they can ignore future requests too. Document everything and consider it a cost of doing business to have an attorney send the demand letter.

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You're right. I've been too nice about this. Time to escalate and get serious about enforcement.

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Exactly. These compliance requirements exist for a reason and lenders need to follow them just like everyone else.

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As someone new to UCC issues, this thread has been really educational. It sounds like Jackson has solid documentation with the certified mail receipt and is clearly past the statutory deadline. From what I'm reading, it seems like the next steps should be: 1) Double-check that the entity names match between the original UCC-1 and the 9-210 request (especially given the LLC to Corp change), 2) Verify there haven't been any UCC-3 assignments that would change who the secured party is, and 3) Send a formal demand letter to their legal/compliance department citing the statutory violation. The banking regulator complaint option also sounds promising as a way to get their attention quickly. Jackson, have you been able to find contact information for their compliance department yet?

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