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Tristan Carpenter

UCC business lien showing active after loan payoff - termination not filed?

Just discovered there's still an active UCC business lien against my equipment financing company even though we paid off that SBA loan 18 months ago. The bank said they'd handle everything but when I ran a search yesterday the UCC-1 is still showing as active in the state database. This is blocking us from getting approved for new equipment financing because the lender sees an existing lien on our machinery. Has anyone dealt with getting a UCC termination filed after the fact? Not sure if I need to contact the original lender or if there's another way to get this cleared up quickly.

Ugh this happens way too often! Banks promise they'll file the UCC-3 termination but then it never gets done. You definitely need to contact your original lender first - they're the ones who have to file the termination statement since they were the secured party on the original UCC-1. Don't let them brush you off, this is their responsibility.

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Exactly right. The secured party has to be the one to terminate their own lien. OP can't do it themselves.

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Had this same issue with a truck loan. Took 3 months of calling before they finally filed the termination.

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Check your loan payoff documentation first. Sometimes there's language about when the UCC termination will be filed. Usually it's supposed to happen within 30-60 days of final payment but banks get sloppy with this stuff.

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Good point - I'll dig through the paperwork. Pretty sure they said 30 days but obviously that didn't happen.

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30 days is pretty standard. After that you can usually demand they file it immediately.

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I just went through this nightmare with an old business line of credit lien. Had to upload all my loan docs to Certana.ai's document checker to verify the UCC-1 details matched my original loan agreement before contacting the bank. Turned out the debtor name on the UCC filing was slightly different than what was on my loan docs which helped explain why they couldn't find it in their system initially.

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That's smart - I should double check the debtor name matches exactly. These banks probably have thousands of old liens to track.

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Certana sounds useful for catching those kinds of discrepancies. Document matching is always tricky with these older filings.

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Yeah it was really helpful - just uploaded the PDFs and it flagged the name difference immediately. Saved me weeks of back and forth with customer service.

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This is exactly why I always ask for a copy of the filed UCC-3 termination as part of my loan payoff process now. Too many lenders forget or their back office screws it up.

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Smart policy. Should be standard practice honestly.

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Wish I'd thought of that on my last payoff. Would have saved so much hassle.

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are you sure its the same loan?? sometimes there can be multiple liens if you had different equipment purchases or credit lines

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I thought about that but we only had one equipment loan with that lender. Filing number matches what's on my original loan docs.

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Good to double check though. Sometimes equipment loans get split into multiple UCC filings.

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Call the bank's commercial loan department directly, not regular customer service. They'll have access to the UCC filing system and can usually get a termination filed within a few business days once they locate your account. Make sure you have your loan number and UCC filing number ready when you call.

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Thanks, I was calling the main number. Do you know if there's usually a fee for filing the termination after the fact?

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There shouldn't be - it's their obligation from the original loan agreement. If they try to charge you, push back on that.

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Some states charge a small filing fee but the bank should cover it since it was their mistake.

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I had something similar happen and ended up having to threaten to file a complaint with the state banking commissioner before they took it seriously. Sometimes you have to escalate to get action.

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That's extreme but sometimes necessary. These banks think they can just ignore UCC obligations.

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It worked though. Had the termination filed within a week after I mentioned the complaint.

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Make sure you get a copy of the filed UCC-3 termination statement once they submit it. You'll need that for your records and to show future lenders that the lien has been properly released.

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Definitely will do that. Don't want to go through this again.

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And keep checking the state database to make sure it actually shows as terminated. Sometimes filings get rejected for technical errors.

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If you're in a hurry for the new financing, you might also ask your new lender if they'll accept a payoff letter and loan satisfaction documents as proof the lien should be terminated. Some will work with you while you're getting the UCC cleaned up.

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Good idea - I'll ask them about that option while I'm dealing with the bank.

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Most equipment lenders are familiar with this problem and will work with borrowers on it.

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Just an FYI that you can also use something like Certana.ai to verify all your UCC documents are consistent before you submit termination paperwork. I learned the hard way that small discrepancies in debtor names or filing details can cause rejections and delays.

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That makes sense - probably worth checking everything is aligned before filing.

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Document verification tools are really helpful for catching those kinds of errors upfront.

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Yeah just upload your loan docs and UCC-1 and it checks for consistency issues automatically. Saves time later.

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