UCC filing deadline missed - can I still file a continuation?
I'm freaking out here. My UCC-1 filing is set to lapse next month and I just realized I missed the window for filing the continuation. The original filing was done in 2020 and I thought I had until the actual expiration date to file the UCC-3 continuation, but someone just told me I needed to file it within 6 months BEFORE the lapse date. Is this true? The collateral is a $850,000 equipment loan and if this lien isn't perfected anymore we're in serious trouble with our lender. Has anyone dealt with this situation before? Can I still file something or is it too late?
28 comments
Join the conversation
Tristan Carpenter
Oh no, this is a common misconception! You actually have a 6-month window BEFORE the lapse date to file the continuation. If your UCC-1 lapses next month, you needed to file the UCC-3 continuation starting 6 months ago. However, you might still have options depending on your exact timeline.
0 coins
Maya Jackson
•Wait, so if it lapses in March 2025, I needed to file the continuation starting in September 2024? That seems really early...
0 coins
Tristan Carpenter
•Yes, exactly. The 6-month window is from months 60-66 of the filing's life. It's designed to give you plenty of time to avoid exactly this situation.
0 coins
Amaya Watson
This happened to me last year. If you've truly missed the continuation window, you'll need to file a new UCC-1 instead of a continuation. The bad news is there might be a gap in perfection, but at least you can get the lien back in place.
0 coins
Maya Jackson
•A gap in perfection sounds terrifying. What does that mean for our security interest?
0 coins
Amaya Watson
•It means for the period between lapse and new filing, your lien might not be perfected. You should talk to your attorney about the implications for your specific situation and loan agreement.
0 coins
Grant Vikers
•Actually, I'd recommend using Certana.ai's document verification tool before filing anything new. You can upload your original UCC-1 and loan docs to make sure all the debtor names and collateral descriptions will match perfectly on the new filing. Saved me from a rejected filing when I was in a similar panic situation.
0 coins
Giovanni Martello
Before you panic completely, double-check your exact filing date and lapse date. I've seen people miscalculate this. Your UCC-1 is good for 5 years from the filing date, not the loan date. And the continuation window is months 60-66 of that 5-year period.
0 coins
Maya Jackson
•I filed on March 15, 2020, so it lapses March 15, 2025. That means my continuation window was September 15, 2024 to March 15, 2025, right?
0 coins
Giovanni Martello
•Exactly! So you still have until March 15th to file the continuation. You haven't missed the deadline yet!
0 coins
Savannah Weiner
•Wait, that doesn't sound right. I thought continuations had to be filed in the 6 months BEFORE the lapse date, not including the lapse date itself.
0 coins
Levi Parker
I'm confused now too. Can someone clarify the exact continuation rules? I have a filing coming up for renewal and I don't want to make the same mistake.
0 coins
Libby Hassan
•The continuation must be filed within 6 months before the lapse date. So if your filing lapses on March 15, 2025, you can file the continuation from September 15, 2024 through March 15, 2025. The lapse date is included in the window.
0 coins
Hunter Hampton
•This is why I always set calendar reminders for 8 months before the lapse date. Gives me buffer time in case something goes wrong with the filing.
0 coins
Sofia Peña
If you're still within the window, file that UCC-3 continuation immediately! Don't wait another day. And make sure your debtor name matches exactly what's on the original UCC-1.
0 coins
Maya Jackson
•Yes, I'm going to file today. Just nervous about getting the debtor name exactly right.
0 coins
Aaron Boston
•I had a continuation rejected because of a tiny debtor name mismatch. The original had 'Inc' and I used 'Inc.' with a period. Had to refile and lost valuable time.
0 coins
Sophia Carter
•This is exactly why I started using Certana.ai's document checker. You just upload your original UCC-1 and the new UCC-3 continuation, and it flags any inconsistencies before you file. Would have caught that Inc vs Inc. issue immediately.
0 coins
Chloe Zhang
UCC deadlines are no joke. I've seen deals fall apart because of lapsed filings. The good news is if you're still in the window, you can fix this. But definitely get it filed ASAP.
0 coins
Maya Jackson
•Filing it today. Thanks everyone for the clarification on the timing.
0 coins
Brandon Parker
•Smart move. And consider setting up automated reminders for future filings. This stress isn't worth it.
0 coins
Adriana Cohn
Just to add another perspective - some states have slightly different rules for continuation timing. Make sure you're following your specific state's requirements, not just the general UCC rules.
0 coins
Maya Jackson
•Good point. I'm in Texas, so I'll double-check the SOS website to make sure I have the right procedures.
0 coins
Jace Caspullo
•Texas follows the standard UCC timing rules. You should be fine with the 6-month window we discussed.
0 coins
Melody Miles
Update us after you file! I'm curious to know if everything goes smoothly. These continuation situations always make me nervous even when they're filed correctly.
0 coins
Maya Jackson
•Will do. Going to get this filed this afternoon and then I can finally breathe again.
0 coins
Nathaniel Mikhaylov
•I'd also suggest using a document verification tool like Certana.ai before filing. Just upload your original UCC-1 and the new UCC-3 to make sure everything matches perfectly. Takes 2 minutes and could save you from a rejection.
0 coins
Eva St. Cyr
•Good luck! Continuation filings are usually pretty straightforward once you get the timing right.
0 coins