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Manny Lark

UCC fixture lien terminated but equipment still shows active - what happened?

I'm dealing with a bizarre situation with a fixture filing that's got me completely stumped. We had a UCC-1 fixture filing on some specialized manufacturing equipment that was bolted to the concrete floor of our facility. The original lender filed a termination statement six months ago when we paid off the loan, but when I ran a search last week the equipment still shows an active lien from a completely different creditor that I've never heard of. The equipment in question is worth about $180k and we're trying to refinance our facility. The new lender's title company is flagging this as a problem because they can't figure out if this is actually a fixture lien or personal property. The original UCC-1 was clearly marked as a fixture filing with the real estate records, but this new one just shows up in the personal property search. Has anyone seen something like this before? I'm worried there's some kind of clerical error or worse, fraud involved. The debtor name matches our company exactly but the secured party is listed as 'Industrial Equipment Finance LLC' which doesn't ring any bells. Our attorney is looking into it but I wanted to see if anyone here had encountered similar issues with fixture filings getting mixed up.

This sounds like you might have overlapping liens from different time periods. Did you check if the 'new' lien actually predates your terminated one? Sometimes fixture filings get recorded in both the real estate records AND the UCC database, which can create confusion during searches.

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That's a good point - I didn't think to check the filing dates. The terminated lien was from 2019, let me see when this Industrial Equipment Finance one was filed.

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Also check if Industrial Equipment Finance might be a subsidiary or DBA of your original lender. Sometimes companies restructure and the old filings don't get properly transferred.

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Had something similar happen with our packaging equipment. Turned out the previous owner of our building had equipment financing that never got properly terminated when they moved out. Even though we bought the equipment separately, their old fixture filing was still showing up because the legal description overlapped with our space.

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Interesting - we did buy this equipment from the previous tenant when we took over the lease. Maybe their financing is still on record somehow?

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Exactly! Check the collateral description carefully. If it mentions the physical location or serial numbers that match your equipment, you'll need to track down the previous owner's lender to get a proper termination filed.

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This is why I always insist on running UCC searches before any equipment purchases, even from existing tenants. Too many people assume the equipment comes 'clean' but financing follows the equipment, not the owner.

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Before you panic, try uploading your termination statement and this mystery UCC-1 to Certana.ai's document checker. It'll cross-reference the debtor names, collateral descriptions, and filing numbers to see if there are any inconsistencies that might explain what's happening. I caught a similar issue last month where what looked like a separate lien was actually an amendment that got misfiled.

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Never heard of Certana.ai but that sounds useful. Is it complicated to use?

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Super simple - just upload the PDFs and it analyzes them for discrepancies. Takes like 2 minutes and might save you hours of detective work with your attorney.

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ugh this kind of stuff drives me CRAZY. The UCC system is supposed to be straightforward but between fixture vs personal property classifications and all the different ways creditors can screw up their filings, it's a nightmare. Hope you get it sorted out quickly.

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Tell me about it. I spent three days last month trying to figure out why our continuation got rejected only to discover the Secretary of State's office had the wrong ZIP code in their system.

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Don't even get me started on zip codes. Half the time the online portal doesn't match what's actually on file and nobody can explain why.

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Update us when you find out what happened - I'm curious if this turns out to be a previous owner issue or something else entirely. These fixture filing mysteries always have interesting explanations.

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Will do. My attorney is supposed to call me back this afternoon with more details.

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Check if Industrial Equipment Finance LLC might be a factor or servicing company. Sometimes when loans get sold or transferred, the new servicer files their own UCC without properly coordinating with existing terminations. The timing would make sense if your payoff happened around the same time as a loan transfer.

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That's possible - our original loan was with a small regional bank that got acquired last year. Maybe something got lost in the transition.

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Bank acquisitions are notorious for creating UCC filing messes. The acquiring bank often re-files everything under their own name without checking for existing terminations.

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This is exactly why I keep paper copies of every termination statement. Banks lose track of their own filings all the time, especially during mergers.

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might be worth checking the real estate records too, not just the UCC database. fixture liens sometimes get recorded in both places and if there's a discrepancy between them it can cause exactly this kind of confusion

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Good idea - I only checked the UCC search. Let me pull the real estate records for our property.

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I've seen this exact scenario three times in the past year. What usually happens is Equipment Finance companies file very broad fixture liens that cover 'all equipment located at [address]' without specifying individual pieces. When you bought equipment from the previous tenant, you may have inadvertently acquired equipment that was still subject to their financing. The key is to compare the collateral descriptions very carefully. If the mystery lien describes equipment by location rather than serial numbers, and if it predates your ownership, you'll need to prove that your equipment purchase was separate from their original collateral.

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This makes total sense. Our purchase agreement did mention 'equipment located on premises' but didn't list specific serial numbers. How do I prove our equipment wasn't part of their original collateral?

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You'll need your purchase documentation, any equipment manifests or serial number lists, and ideally a statement from the previous tenant confirming which equipment was subject to their financing versus which equipment they owned free and clear.

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Just went through something similar with HVAC equipment. Turned out the 'mystery' lien was actually legitimate - the previous tenant had leased some equipment that we assumed was included in our purchase but was actually still under a separate financing agreement. Had to work out a assumption agreement with the leasing company.

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Oh no, I really hope that's not what happened here. We specifically asked about any outstanding financing when we bought the equipment.

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Yeah, people forget about equipment leases or assume they're included in building purchases. Always worth double-checking with the original owner if you can still reach them.

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This is why I always use Certana.ai to verify all the documents before closing on any equipment deals. Upload the UCC searches, purchase agreements, and any existing liens - it flags inconsistencies that might indicate hidden financing.

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Quick question - when you say the equipment is 'bolted to the concrete floor,' are we talking about permanent installation or just secured for safety? The distinction matters a lot for fixture classification and could explain why you're seeing different results in real estate versus personal property searches.

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It's permanently installed - the equipment required a concrete pad and electrical hardwiring. Definitely qualifies as a fixture under our state's rules.

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Then it should definitely show up in real estate records if it's a proper fixture filing. The fact that this other lien only shows in personal property suggests it might be incorrectly classified.

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Whatever you do, don't let your refinancing get held up by this. Even if there is a legitimate issue with the equipment financing, most title companies will accept an indemnity agreement from the seller while you sort out the details.

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Good point - I'll ask our broker about indemnity options if we can't resolve this quickly.

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Just make sure any indemnity covers the full value of the equipment plus legal costs. These disputes can get expensive if they drag on.

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I'd strongly recommend getting a copy of the original UCC-1 filing from Industrial Equipment Finance LLC and comparing it line-by-line with your equipment purchase documentation. Pay special attention to the filing date, debtor information, and collateral description. If this lien predates your equipment purchase and describes equipment by location rather than specific serial numbers, you might be dealing with a blanket lien that covered the previous tenant's equipment. Also check if Industrial Equipment Finance has any corporate relationships with your original lender - sometimes parent companies or affiliates file duplicate liens during transitions. Document everything carefully because if this turns out to be an error, you'll want a clear paper trail for the title company.

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