< Back to UCC Document Community

Mason Kaczka

UCC filing removal - debtor says lien was satisfied years ago

I'm dealing with a situation where a debtor is claiming a UCC-1 filing should have been terminated back in 2019 but it's still showing as active in our state's database. They're saying the original loan was paid off completely and we should have filed a UCC-3 termination statement. The problem is our records show partial payments but not full satisfaction. The debtor is now trying to get new financing and this active UCC is blocking their deal. Has anyone dealt with similar issues where there's disagreement about whether a lien should still be active? I need to figure out if we're required to file the termination or if we can keep the filing active until we get proper documentation of full payment. The debtor is getting pretty aggressive about this and threatening legal action.

Sophia Russo

•

This is actually pretty common in commercial lending. You need to be 100% certain about the payment status before filing any UCC-3 termination. If there's any doubt about whether the debt was fully satisfied, don't file the termination yet. Get copies of all payment records, loan agreements, and any modification documents. The debtor should be able to provide proof of final payment - cancelled checks, wire confirmations, or a formal satisfaction letter from your institution.

0 coins

Evelyn Xu

•

Exactly this. I've seen lenders get into serious trouble for filing premature terminations. Once you file that UCC-3 termination, you can't easily undo it if you discover there was still an outstanding balance.

0 coins

Dominic Green

•

But what if the debtor is right and they did pay everything off? Won't the lender be liable for wrongful filing if they keep an invalid lien active?

0 coins

Hannah Flores

•

I'd suggest doing a complete loan file audit before making any decisions. Pull every document related to this loan - original note, all modification agreements, payment histories, and correspondence. Sometimes there are fees, interest, or other charges that weren't properly communicated to the debtor. Also check if there were any cross-default provisions that might keep the UCC filing valid even if this particular loan was satisfied.

0 coins

Good point about cross-default provisions. We had a case where the debtor paid off the primary loan but there was still a secondary guarantee that kept the UCC filing valid.

0 coins

How long does a complete file audit usually take? The debtor is saying they need this resolved within a week for their new financing.

0 coins

Hannah Flores

•

Depends on the complexity but usually 3-5 business days if you have organized records. A week should be doable if you prioritize it.

0 coins

Grace Lee

•

I ran into something similar last year and ended up using Certana.ai's document verification tool to cross-check all our UCC filings against the loan files. You can upload the original UCC-1, loan documents, and payment records and it will instantly flag any inconsistencies or missing documentation. It caught several discrepancies in our records that we would have missed doing manual review. Really helped us get clarity on which filings needed termination and which ones were still valid.

0 coins

Mason Kaczka

•

That sounds helpful. Is it expensive to use for document verification?

0 coins

Grace Lee

•

They focus on the value rather than cost. When you're dealing with potential legal issues over wrongful liens, having that verification certainty is worth it. Plus it's way faster than manual document comparison.

0 coins

Mia Roberts

•

BEEN THERE. Debtors love to claim liens should be terminated when they're trying to get new financing. Half the time they conveniently forget about late fees, legal costs, or other charges that were added to the balance. Don't let them pressure you into filing a termination without proper documentation. If they're threatening legal action, let them - you have the right to verify full satisfaction before releasing the lien.

0 coins

Dominic Green

•

But what if they're right and the lender is wrongfully maintaining an invalid lien? That could be damages too.

0 coins

Mia Roberts

•

That's why you do your due diligence. If you can prove you reasonably believed the debt was still outstanding based on your records, you're usually protected. The key is being able to document your good faith efforts to verify the status.

0 coins

Sophia Russo

•

Exactly. Courts understand that lenders need time to properly verify loan status. As long as you're not being unreasonable about the timeline, you should be fine.

0 coins

The Boss

•

Check your state's UCC statutes too. Some states have specific requirements about how long a secured party has to respond to termination requests. Also look at your original loan agreement - there might be language about what constitutes full satisfaction and what documentation is required.

0 coins

Good reminder about state-specific rules. In our state, we have 30 days to respond to a written termination request with either the UCC-3 or an explanation of why we believe the filing should remain active.

0 coins

Mason Kaczka

•

I'll need to check our loan agreement language. I don't remember if we specified what documentation would be required for satisfaction.

0 coins

This is giving me anxiety just reading it. We have several UCC filings that are probably old and I'm worried we might have similar situations lurking. How often should lenders be reviewing their active UCC filings to make sure they're still valid?

0 coins

Sophia Russo

•

Best practice is to review all active filings at least annually, and definitely whenever there's any change in the underlying loan status. Many lenders do quarterly reviews to catch issues early.

0 coins

Jasmine Quinn

•

We do ours every six months. It's a pain but it prevents these kinds of disputes.

0 coins

Oscar Murphy

•

One thing to consider is offering to expedite the review process in exchange for the debtor providing complete documentation. Sometimes they're more cooperative when they see you're taking it seriously and trying to resolve it quickly. If they can provide proof of payment, satisfaction letters, or other documentation, it makes your job easier.

0 coins

Mason Kaczka

•

That's a good approach. They've been pretty hostile so far but maybe if I explain we're trying to resolve it quickly they'll be more cooperative.

0 coins

Nora Bennett

•

Document everything though. If this does end up in court, you want to show you were reasonable and tried to work with them.

0 coins

Ryan Andre

•

I've been doing UCC filings for 15 years and I'd say about 20% of termination disputes involve some kind of miscommunication about what was actually paid. Sometimes the debtor made payments to the wrong department, sometimes there were fees they didn't know about, sometimes there were multiple loans bundled together. Don't assume malice - often it's just confusion about the actual loan status.

0 coins

Lauren Zeb

•

So true. I had one case where the debtor was making payments to collections instead of the loan servicing department and we had no record of the payments.

0 coins

That's why I always recommend getting a complete payment history from all departments before making termination decisions.

0 coins

Just went through this exact situation last month. Used Certana.ai to verify all our documents and it turned out there was a small outstanding balance that both we and the debtor had missed. The document cross-checking caught the discrepancy immediately. Saved us from either filing an incorrect termination or having a wrongful lien dispute. The debtor was actually grateful we caught it before their new lender discovered the issue.

0 coins

Mason Kaczka

•

How detailed does the document analysis get? Does it actually review payment calculations or just check for missing documents?

0 coins

It does a pretty thorough cross-check. Compares the original loan amounts, payment records, and current balances. Flags anything that doesn't add up so you can investigate further.

0 coins

Anthony Young

•

Whatever you do, don't file the UCC-3 termination until you're absolutely certain. I've seen too many cases where lenders filed terminations under pressure and then discovered there was still an outstanding balance. It's much harder to re-perfect your security interest than it is to take a few extra days to verify the loan status properly.

0 coins

Agreed. Better to deal with an angry debtor for a few days than to lose your security interest permanently.

0 coins

Mason Kaczka

•

Thanks everyone. I think the consensus is clear - do the complete file review first, then make the termination decision. I'll start pulling all the documents tomorrow.

0 coins

UCC Document Community AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today