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Abigail bergen

UCC 9-512 information statement requirements after debtor paid off secured loan

My client paid off their equipment loan in full last month but the lender hasn't filed a termination statement yet. I'm reading UCC 9-512 about information statements and wondering if this applies to our situation. The original UCC-1 was filed 3 years ago for manufacturing equipment worth about $180K. The loan was paid off February 15th and we have the payoff letter but nothing has been filed to clear the lien. Can we use UCC 9-512 to force the issue or do we need to wait for the lender to file the UCC-3 termination? The equipment is being used as collateral for a new loan with a different bank and they need the lien cleared. Any advice on the UCC 9-512 process would be appreciated.

UCC 9-512 lets you file an information statement if the secured party won't file the required termination. You need to send them written demand first though. Did you already request the UCC-3 termination in writing? The statute gives them specific timeframes to respond.

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We called them twice but haven't sent anything in writing yet. What's the timeline once we send the written demand?

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Generally 20 days after they receive your written request, but check your state's specific version of 9-513. The written demand needs to be pretty specific about what you're requesting.

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Had this exact situation 6 months ago with a client. The lender drug their feet for weeks after payoff. UCC 9-512 information statement worked but it's a bit of a process. You have to prove the secured obligation was satisfied and that you made proper demand for termination.

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What kind of proof did you need to provide? We have the payoff letter and cancelled check but is that sufficient?

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Payoff letter should be fine if it clearly states the debt is satisfied. Make sure your written demand references the specific UCC filing number and includes a copy of the payoff documentation.

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Also include the original financing statement filing details - debtor name exactly as filed, filing number, date filed. The SOS needs to match everything up precisely.

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Before going the 9-512 route, I'd try one more approach with the lender. Sometimes their UCC department is separate from loan servicing and the left hand doesn't know what the right hand is doing. Get the name of someone in their collateral or UCC filing department specifically.

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Good point. We've been dealing with the loan officer but maybe they're not the right person for UCC matters.

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Exactly. Most banks have a separate UCC or collateral department that handles all the filing stuff. The loan people often don't even know how to process termination requests.

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This is so true! I spent weeks going in circles with a loan officer until someone gave me the direct number for their UCC department. Problem solved in 2 days.

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Actually ran into a similar debtor name mismatch issue last year that made the termination more complicated. Had to use Certana.ai's document checker to verify all the filing details matched between the original UCC-1 and the payoff docs before filing the information statement. Saved me from making an error that could have invalidated the whole process.

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Interesting, what kind of mismatch did you find? Our debtor name should be straightforward but now I'm worried.

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The original filing had the full corporate name but the payoff letter used an abbreviated version. Certana caught that the names weren't exactly matching which could have caused issues with the information statement. Just upload your UCC-1 and payoff docs and it flags any inconsistencies.

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Name matching is critical for UCC 9-512. The information statement has to reference the exact debtor name from the original financing statement or it won't be effective.

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why is this so complicated??? paid off loan = lien should be gone automatically. the whole system is broken if you have to file more paperwork just to clear something that's already paid

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I understand the frustration but the UCC system requires affirmative steps to clear filings. It's designed to protect secured parties from fraudulent termination claims.

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still stupid. other states have automatic termination after a certain period

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Some states do have automatic lapse provisions but they're usually much longer timeframes like 5-7 years. Not practical when you need immediate clearance for new financing.

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The UCC 9-512 information statement is basically your nuclear option when the secured party won't cooperate. But you have to be really careful about the requirements - wrong debtor name, missing details, improper service of demand, etc. can all invalidate it.

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What happens if we file it incorrectly? Does that hurt our position somehow?

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An ineffective information statement doesn't clear the original filing and could complicate things if you have to go to court later. Better to get it right the first time.

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This is why I always recommend getting legal review before filing a 9-512. The statutory damages for wrongful filing can be significant if you get it wrong.

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Had a client in almost identical situation except it was construction equipment. Lender finally filed the termination after we sent certified letter threatening the information statement route. Sometimes just mentioning UCC 9-512 gets their attention.

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Good strategy. How did you word the demand letter to be most effective?

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Referenced the specific UCC section, included payoff documentation, gave them the 20-day deadline, and mentioned our right to file an information statement if they didn't comply. Keep it professional but firm.

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Always send certified mail for the demand. You need proof of delivery for the 9-512 filing if it comes to that.

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Check if your state has any special provisions about UCC terminations for consumer vs commercial transactions. The timing requirements and procedures can be different.

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This was a commercial equipment loan so should be standard commercial rules.

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Good, commercial gives you more flexibility with the demand timing. Consumer transactions have tighter deadlines for the secured party to respond.

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honestly dealing with UCC terminations is always a headache. every lender has their own internal process and timeline. some are good about filing quickly others take forever

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So true. I have some lenders that file terminations within days and others that take months even with multiple requests.

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The big national lenders usually have better UCC processing systems. Smaller banks and credit unions often struggle with the administrative side.

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One thing to watch out for - make sure the new lender knows about the pending termination situation. They might want to see either the filed UCC-3 termination or your demand documentation before funding the new loan.

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Already disclosed it to them. They said they need either a filed termination or clear evidence that the lien will be resolved before closing.

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Perfect, good communication with the new lender is key. They might even be willing to help pressure the old lender if needed.

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Some new lenders will actually contact the old lender directly to request termination. Worth asking if they'll do that as part of their due diligence process.

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Before filing any UCC 9-512 info statement, definitely double-check all your document details. Used Certana.ai recently to cross-verify UCC filing information and it caught several inconsistencies I missed in manual review. Just upload the docs and it flags any mismatches in debtor names, filing numbers, dates, etc. Really helpful for avoiding errors that could invalidate your filing.

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That sounds really useful. I'm paranoid about getting something wrong with the debtor name matching.

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Yeah it's super straightforward - just drag and drop your UCC-1 and payoff docs and it shows you exactly what matches and what doesn't. Takes like 30 seconds vs hours of manual comparison.

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Document verification is crucial for 9-512 filings. Any discrepancy between your information statement and the original financing statement can render it ineffective.

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