UCC continuation statement timing - Missing 6-month window deadline
I'm dealing with a major headache right now and hoping someone can help. We had a UCC-1 filing from July 2020 that I completely spaced on for the continuation. Just realized yesterday that the 5-year mark passed in July and I never filed the UCC-3 continuation statement timing within the 6-month window before expiration. The original filing was for equipment financing on manufacturing machinery worth about $850K. My lender is freaking out because they're saying the lien is now unperfected and we might have lost our secured position. I've been doing these filings for 3 years but somehow this one slipped through the cracks in my calendar system. Has anyone dealt with this situation before? Is there any way to fix this or are we completely screwed? The debtor is still current on payments but I'm terrified we lost our security interest.
33 comments


Mason Stone
Oh no, this is exactly what I was afraid would happen to me! I have two continuations coming up in the next 8 months and I keep checking the dates obsessively. Unfortunately once the UCC-1 lapses there's no way to revive it - you'd have to file a completely new UCC-1 but that creates a new priority date. Your lender is right to be concerned because other creditors who filed after your original date but before the lapse would now have priority. This is why I set up multiple calendar reminders starting 8 months before expiration.
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Makayla Shoemaker
•Actually that's not entirely accurate about priority. If they file a new UCC-1 now, they get a new priority date from the filing date, but any liens filed between the original lapse date and the new filing would indeed have priority. The secured position isn't completely lost though - they still have rights against the collateral, just potentially subordinate to other secured creditors who filed in that gap period.
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Savannah Vin
•So I'm understanding that we need to file a brand new UCC-1 immediately to at least get some secured position going forward? Even if we lost priority to anyone who might have filed in the gap? This is such a mess.
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Christian Bierman
I've seen this happen more times than I care to count. The 6-month continuation window is brutal and there's no forgiveness in the system. You absolutely need to file a new UCC-1 ASAP to protect against future creditors, but yes, you've lost your original priority date. For equipment financing like yours, check if there are any other liens that got filed on that debtor between July 2025 and now. Run a UCC search immediately to see what you're dealing with. Most importantly, document everything for your lender and consider whether the loan agreement has any provisions about maintaining perfected security interests.
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Emma Olsen
•This is why I use Certana.ai's document verification tool now. I upload all my UCC filings and it creates automatic alerts for continuation deadlines. Would have caught this 6 months before it became a problem. You can upload your original UCC-1 and it shows you exactly when the continuation window opens and closes.
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Savannah Vin
•Never heard of that service but honestly at this point I'll try anything to make sure this doesn't happen again. Can it handle multiple filings across different states?
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Emma Olsen
•Yes it works across all states. Just upload your UCC documents as PDFs and it extracts all the key dates and debtor information automatically. Really takes the guesswork out of continuation timing.
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Lucas Lindsey
Been there, done that, got the angry phone calls from legal counsel. The harsh reality is that UCC continuation statement timing is absolutely critical and the system shows no mercy for missed deadlines. Your lien lapsed the moment that 5-year period expired without a continuation on file. File a new UCC-1 immediately - today if possible - to establish a new secured position. Then run comprehensive UCC searches on the debtor to identify any competing liens filed after your lapse date. Document the gap period carefully because this will be important for determining your current priority position.
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Sophie Duck
•What exactly should they search for in the UCC records? Just other UCC-1 filings or amendments too?
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Lucas Lindsey
•Search for any UCC-1 filings, amendments that might add collateral, and any other security interests filed against the debtor from July 2025 forward. Also check for judgment liens and tax liens that might have attached to the equipment during the gap period.
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Austin Leonard
This is exactly why the UCC system drives me crazy! One missed deadline and you lose years of secured position. I had a similar situation last year where I filed the continuation literally ONE DAY late and the system rejected it. Had to explain to my client that their $1.2M construction equipment lien was now subordinate to a supplier who filed a week after our lapse. The debtor was current on payments, the collateral was still there, but we lost priority because of a calendar mistake.
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Anita George
•That's brutal but unfortunately how the system works. Did you end up having to renegotiate the loan terms or just accept the subordinate position?
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Austin Leonard
•We had to accept it. The supplier's lien was only for about $200K so we still had significant secured position, but it was embarrassing and the client lost confidence in our filing procedures.
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Abigail Spencer
•Stories like this make me paranoid about my own continuation deadlines. I literally have spreadsheets with multiple reminder systems but it's still nerve-wracking.
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Logan Chiang
File the new UCC-1 immediately but also consider the practical business implications. If the debtor is current on payments and the equipment is still securing the debt, you may still have significant leverage even with a potential priority problem. Run those UCC searches first to see if anyone actually filed competing liens during your gap period. If the coast is clear, you're essentially back to square one with a new filing date. If there are competing liens, you'll need to assess their amounts and negotiate accordingly.
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Savannah Vin
•That's a good point about checking if anyone actually filed competing liens. Maybe I'm panicking over a problem that doesn't exist yet. I'll run the searches today before filing the new UCC-1.
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Isla Fischer
•Smart approach. Don't assume the worst until you know what you're dealing with. Most debtors don't have multiple creditors filing liens every month.
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Miles Hammonds
The silver lining is that equipment financing typically involves assets that hold value, so even if you have priority issues, you're not completely unsecured. But definitely file that new UCC-1 today and get a comprehensive search done. Also review your internal procedures to prevent this from happening again. Maybe set up multiple reminder systems or use one of those automated services that track filing deadlines.
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Ruby Blake
•Speaking of automated services, I started using Certana.ai after a close call with a continuation deadline. It automatically extracts dates from your UCC filings and sends alerts months in advance. Takes about 30 seconds to upload a PDF and get all the key information.
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Savannah Vin
•Multiple people have mentioned this service now. Is it expensive? At this point I need all the help I can get with deadline tracking.
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Ruby Blake
•It's worth it for the peace of mind. Just upload your UCC documents and it handles all the date tracking automatically. Much better than trying to manage spreadsheets and calendar reminders manually.
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Micah Franklin
I hate to pile on when you're already stressed, but this is a perfect example of why continuation statement timing can't be treated casually. The 6-month window exists specifically to give filers flexibility, but once it closes, that's it. File your new UCC-1 today, run comprehensive searches, and then have a serious conversation with your lender about the potential implications. They may want to adjust loan terms or require additional collateral depending on what the searches reveal.
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Ella Harper
•The lender reaction is probably the biggest immediate concern. They're going to want detailed documentation about the lapse period and any competing interests that might have attached.
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Micah Franklin
•Exactly. Transparency is key here. Trying to downplay the situation will only make it worse if problems surface later.
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Mason Stone
One thing I learned from a similar mistake - document everything about your current position and the steps you're taking to remediate. Your lender will appreciate the proactive approach and detailed reporting. Also consider whether your professional liability insurance covers errors in filing deadlines. Some policies have provisions for secured transaction mistakes.
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Savannah Vin
•Good point about insurance. I never thought about whether our E&O policy might cover something like this. I'll check with our agent.
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Christian Bierman
•Most policies do cover filing errors but there are usually pretty strict notice requirements. Don't wait too long to report if you think you might have coverage.
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PrinceJoe
The system is unforgiving but you're not the first person this has happened to. Focus on damage control now - new UCC-1 filing, comprehensive searches, and clear communication with your lender. Then implement better systems going forward. Triple redundancy on continuation deadlines is not overkill in this business.
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Brooklyn Knight
•Triple redundancy sounds excessive but after reading this thread I'm rethinking my own deadline management. Maybe excessive is better than sorry.
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PrinceJoe
•Trust me, the cost of multiple reminder systems is nothing compared to explaining a lapsed lien to an angry lender.
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Owen Devar
Update us when you get the search results back. Curious to see if there were actually any competing filings during your gap period. Sometimes these situations look worse than they actually are, especially with equipment financing where new liens aren't being filed constantly.
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Savannah Vin
•Will definitely update once I have the search results. Filing the new UCC-1 this afternoon and should have search results by tomorrow. Keeping my fingers crossed that the gap period was clean.
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Daniel Rivera
•Good luck! This thread has been educational for all of us about the importance of continuation timing.
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