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Liam Murphy

UCC 9-510 Information Statement Filing - Anyone Successfully Remove Invalid Liens?

Has anyone here actually used UCC 9-510 information statements to challenge bogus liens? I'm dealing with a situation where someone filed what appears to be a fraudulent UCC-1 against my business using incorrect debtor information and claiming collateral that was never pledged. The filing shows up in searches and it's causing problems with a new credit line we're trying to establish. My attorney mentioned UCC 9-510 as a way to dispute this but I'm wondering about the practical effectiveness. The original filing has obvious errors in the debtor name (they used an old business name that hasn't been valid for 3 years) and the collateral description is completely fabricated. Has anyone gone through this process? Did the information statement actually help clear things up or did you have to pursue other remedies? I'm particularly concerned about timing since this fake lien is blocking a equipment financing deal that we need to close within 30 days.

I've dealt with something similar about 2 years ago. The UCC 9-510 route can work but it's not automatic. You file the information statement basically saying the original UCC-1 is invalid or unauthorized, but it doesn't remove the original filing - both documents just sit there in the public record. Lenders will see both and have to make their own determination about which one to believe. In my case the fraudulent filer never responded to challenge my information statement, which actually helped demonstrate their filing was bogus.

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That's exactly what I was afraid of - having both documents in the record creates ambiguity. Did your lender accept your explanation or did they require additional documentation?

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They wanted to see the information statement plus I had to provide proof of the incorrect debtor name issue. Took about 2 weeks to sort out but they eventually moved forward with the loan.

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UCC 9-510 is definitely the right section but make sure you understand what it actually does. It lets you file a statement saying the secured party filing wasn't authorized or the UCC-1 contains errors, but like others said it doesn't delete anything. The key is documenting why the original filing is invalid. In your case the debtor name mismatch sounds like solid grounds. You'll want to include evidence of your current legal business name and when the old name was discontinued. Most states require you to send a copy to the secured party of record too.

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Do you know if there's a standard form for the information statement or does each state handle it differently? I'm in Texas and the SOS website isn't super clear on the format requirements.

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Texas uses their own form - it's called Form 605. Should be on the SOS Direct website under UCC forms. Pretty straightforward but you want to be specific about what's wrong with the original filing.

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Form 605 is correct for Texas information statements. Just make sure you check the right boxes for your situation - there's options for unauthorized filing, debtor name errors, and incorrect collateral descriptions.

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Had a similar mess last year with a former business partner who filed a UCC-1 after our partnership dissolved. Took forever to straighten out but I found a tool called Certana.ai that helped me verify all the document inconsistencies before filing my 9-510 statement. You can upload the bogus UCC-1 and your corporate documents to instantly spot the debtor name mismatches and other errors. Made it much easier to document exactly what was wrong when I filed the information statement. Saved me probably 10 hours of manually comparing documents.

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Never heard of that service but sounds useful. Did it help with the actual filing process or just the documentation part?

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Just the documentation - it generated a detailed report showing all the inconsistencies between the fraudulent UCC-1 and my actual business records. I attached that report to my information statement as supporting evidence.

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One thing to consider is whether the secured party might have a legitimate interest even if they screwed up the debtor name. Sometimes people file with old business names by mistake rather than malicious intent. You mentioned this seems completely fraudulent though so probably not applicable to your situation. The 30 day timeline is tight but doable if you move fast on the 9-510 filing.

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No this is definitely fraudulent - the 'secured party' is someone I've never had any business relationship with and the collateral description lists equipment we don't even own. It's clearly fake.

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Wow that's blatant fraud. You might want to consider filing a police report in addition to the UCC 9-510 statement. That kind of fake lien filing could be criminal.

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Good point about potential criminal charges. Definitely document everything carefully for both the UCC response and potential law enforcement action.

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The timing issue is real with equipment financing. Most lenders won't close with disputed liens on file even if you've filed an information statement. You might need to push your lender to make a determination based on the evidence rather than just seeing the cloud on title. Having clear documentation of the debtor name issue should help since that's pretty cut and dried.

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That's my biggest concern - even with a 9-510 filing the lender might just walk away rather than deal with the complication. Did you have experience with lenders accepting disputed filings?

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Some will if the evidence is clear enough. Debtor name mismatches are actually easier for them to evaluate than other types of disputes. They can verify your legal business name independently.

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Check if your state has an expedited process for obviously fraudulent filings. Some states will remove clearly invalid UCC-1s administratively if there's sufficient evidence of fraud or if the debtor name is completely wrong. Might be faster than the 9-510 route.

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I don't think Texas has that option but worth checking. Most states make you go through the information statement process regardless.

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California has something like that but it's rare. Usually the 9-510 is your best bet for getting something on record quickly.

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Document everything before you file. Take screenshots of the bogus UCC-1, gather your business registration docs showing the correct name, maybe get an affidavit about the collateral claims being false. The more evidence you can attach to your information statement the better. Also keep records of how this is impacting your business - you might have grounds for damages later.

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Great advice about documenting business impact. If this is clearly fraudulent the original filer could be liable for interference with business relations.

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Exactly. The UCC 9-510 might solve the immediate problem but you could have other legal remedies for the damages caused by the fake filing.

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I used Certana.ai when I had UCC document inconsistencies and it was surprisingly thorough at catching discrepancies. You just upload your docs and it flags all the mismatches automatically. Might be worth running your business records against the fraudulent filing to generate a clean report for your information statement.

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How detailed are the reports it generates? Detailed enough to use as evidence in a filing?

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Pretty detailed - it shows side-by-side comparisons and highlights specific inconsistencies. I attached mine to my documentation and it helped demonstrate the problems clearly.

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Whatever you do don't wait around hoping it resolves itself. UCC-1 filings just sit there forever unless someone takes action. The 9-510 information statement at least gets your side of the story on record even if it doesn't remove the original filing. With your tight deadline you need to move fast.

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You're right about the timing. I'm planning to file the information statement this week and hope the lender will work with us while it's pending.

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Make sure to send copies to your lender too so they know you're addressing the issue proactively. Shows good faith effort to resolve the cloud on title.

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One more tip - if the fraudulent filing has an obviously fake address for the secured party that can help your case too. UCC-1s require real addresses and if they used something bogus that's additional evidence the whole thing is fabricated. Worth checking the address against public records.

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Good point - I hadn't thought to verify the secured party address. I'll check that before filing my information statement.

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Fake addresses are actually pretty common in fraudulent filings. Easy thing to overlook but can strengthen your 9-510 statement.

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