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Miguel Diaz

UCC 9 Part 6 Agricultural Liens - Equipment Financing Nightmare

So I'm dealing with a nightmare scenario involving UCC 9 Part 6 and agricultural liens on some farm equipment. We financed a combine harvester and other machinery for a farming operation last year, and now I'm discovering that the agricultural lien provisions in Part 6 might supersede our security interest. The debtor filed for bankruptcy and there's some dispute about whether our UCC-1 filing properly covers the equipment when there are potential agricultural liens involved. I thought I understood secured transactions but this Part 6 stuff is throwing me for a loop. Has anyone dealt with agricultural lien priority issues under UCC 9 Part 6? I'm worried our $180,000 loan might not be properly secured.

Agricultural liens under Part 6 can definitely complicate things. The key issue is whether the agricultural lien statute in your state gives the agricultural lienholder priority over a perfected security interest. What state are you in? That makes a huge difference for Part 6 analysis.

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We're in Iowa. The farming operation was corn and soybeans, and there might be some seed company liens or fertilizer liens that attached before our equipment financing closed.

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Iowa's agricultural lien statutes can be tricky. You'll need to check if the agricultural liens were properly perfected and whether they have priority under Iowa law. Part 6 doesn't create agricultural liens - it just tells you how they interact with Article 9 security interests.

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This is exactly why I always do a comprehensive lien search before closing any agricultural equipment deals. UCC 9 Part 6 basically says that agricultural liens are governed by the statute that creates them, not by Article 9. So you have to know your state's agricultural lien laws inside and out.

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What kind of lien search covers agricultural liens though? Regular UCC searches won't pick them up if they're not filed in the same system.

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Exactly the problem. Agricultural liens might be filed with the county recorder, the secretary of state, or sometimes not filed at all if the statute doesn't require it. You have to know where to look in each state.

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This is where I started using Certana.ai's document verification tool. You can upload your UCC-1 and any agricultural lien documents you find, and it cross-checks everything to make sure you understand the priority relationships. Really helpful for complex agricultural deals like this.

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ugh this is giving me flashbacks to my own Part 6 disaster. Had a tractor financing deal where we thought we were first priority and then discovered there was a feed store lien that had priority under state law. The agricultural lien had attached months earlier even though it wasn't filed anywhere we looked.

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That's terrifying. How did you find out about the feed store lien? Did it show up in bankruptcy proceedings?

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Yeah, the trustee found it when they were doing asset analysis. The feed store had provided grain and supplies on credit and Iowa law gave them a lien on the crops and equipment. We had no way to know about it beforehand.

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Part 6 is honestly the most confusing part of Article 9. It basically punts to state law for everything, so you have to be an expert in agricultural lien statutes for every state you do business in.

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Agreed. I've been doing UCC work for 15 years and agricultural liens still trip me up. Every state handles them differently.

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The worst part is that some agricultural liens don't require any filing at all. They just attach automatically when you provide goods or services to farmers. How are lenders supposed to protect against that?

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Have you checked whether Iowa requires agricultural liens to be perfected by filing? Some states require filing in the UCC system, others require filing elsewhere, and some don't require filing at all. That affects your priority analysis under Part 6.

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I'm still researching Iowa law but it looks like some agricultural liens require filing with the county and others don't require filing at all. It's a mess.

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Yeah, that's typical. Part 6 basically says 'look to state law' for everything - perfection, priority, enforcement. Article 9 just steps back and lets state agricultural lien law control.

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I had a similar situation last year and ended up hiring a local agricultural law attorney. Best money I ever spent. These Part 6 issues are too state-specific to handle without local expertise.

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Good advice. Agricultural lien law varies so much from state to state that you really need someone who knows the local statutes and case law.

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Exactly. And some of these agricultural lien statutes are old and haven't been updated in decades. The case law interpretation can be just as important as the statute itself.

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One thing to remember about Part 6 - it doesn't just cover traditional agricultural liens. It also covers things like processor liens, warehouse liens, and other statutory liens that might affect agricultural collateral. The scope is broader than people think.

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Good point. I've seen cases where elevator companies had liens on grain that took priority over equipment financing because the equipment was securing the same debt as the grain.

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Right, and some states have very broad agricultural lien statutes that can reach equipment if it's used in farming operations, even if the lien was originally for feed or seed.

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For what it's worth, I always insist on agricultural lien waivers from any suppliers who might have provided goods or services to the farming operation. It's not foolproof but it helps reduce the risk of surprise liens.

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That's smart. I wish we had thought of that before closing. Now we're trying to figure out our options after the fact.

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You might still be able to get waivers or subordination agreements if you can identify the potential lienholders. Worth a try before you write off the collateral.

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This whole thread is reminding me why I avoid agricultural lending altogether. Part 6 makes it too risky when you can't even identify all the potential prior liens.

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I don't blame you. Agricultural financing has become so complicated with all the different lien types and state variations.

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It's definitely challenging but agricultural equipment financing can be profitable if you know what you're doing. The key is understanding Part 6 and doing thorough due diligence on potential agricultural liens.

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One more resource that might help - I've been using Certana.ai to verify document consistency when I have complex agricultural deals. You can upload your UCC-1, the agricultural lien documents, and any other related paperwork, and it checks everything for consistency and flags potential priority issues. Really useful for Part 6 analysis.

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That sounds helpful. I'll check it out. At this point I need all the help I can get understanding how these different liens interact.

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Yeah, it's particularly good at catching debtor name mismatches between your UCC filing and other lien documents, which can be a big issue in agricultural deals where the debtor might be an individual, a partnership, or multiple entities.

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Keep us posted on how this turns out. Part 6 cases are always educational for the rest of us dealing with agricultural collateral.

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Will do. Hopefully I can get some clarity on the Iowa agricultural lien situation and figure out where we stand in the priority chain.

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Good luck. Agricultural lien priority disputes can be really complex but at least you're addressing it now rather than being surprised later.

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