UCC one filing statement deadline confusion - need help ASAP
Hey everyone, I'm in a bit of a panic here. My company has a UCC one filing statement that was supposed to be continued but I'm getting conflicting information about the deadline. The original filing was done in 2020 and I thought I had until the end of this year but my attorney is saying something different. Has anyone dealt with this timing issue before? I don't want to mess this up because it's securing a pretty significant equipment loan. The debtor name on our original filing matches exactly but I'm worried about the continuation timing. Any guidance would be really appreciated.
38 comments
Join the conversation
Gael Robinson
UCC-1 filings are effective for 5 years from the date of filing, so if yours was filed in 2020 you'd need to file a UCC-3 continuation before it lapses. The deadline is usually 6 months before the 5-year mark. What's the exact filing date on your original UCC-1?
0 coins
Summer Green
•The filing date shows March 15, 2020. So that would mean I need to continue by March 15, 2025? That's cutting it really close...
0 coins
Gael Robinson
•Actually, you can file the continuation within 6 months before expiration, so you could file anytime between September 15, 2024 and March 15, 2025. You're still within the window.
0 coins
Edward McBride
I had a similar situation last year and almost missed my continuation deadline. The key thing is making sure your UCC-3 continuation references the exact same debtor name and filing number as your original UCC-1. Even small discrepancies can cause rejections.
0 coins
Darcy Moore
•This is so important! I've seen filings get rejected because someone used 'Inc.' instead of 'Incorporated' or missed a middle initial.
0 coins
Summer Green
•Oh wow, I hadn't thought about that level of detail. How do you make sure everything matches exactly?
0 coins
Edward McBride
•I actually started using Certana.ai's document verification tool after my close call. You just upload your original UCC-1 and your new UCC-3 continuation, and it instantly checks that all the debtor names, filing numbers, and other details match perfectly. Saved me from what could have been a costly mistake.
0 coins
Dana Doyle
The continuation window is definitely 6 months before expiration, but here's what a lot of people don't realize - if you miss that window, your lien becomes unperfected and you lose your secured position. That's not something you want to risk with equipment financing.
0 coins
Summer Green
•That's exactly what I'm worried about. This secures about $200k in equipment loans. What happens if the lien lapses?
0 coins
Dana Doyle
•If it lapses, you become an unsecured creditor. The lender might call the loan or require new collateral. It's a big deal.
0 coins
Liam Duke
•Yep, seen this happen. Company thought they had more time, lien lapsed, bank freaked out and demanded immediate payment. Not fun.
0 coins
Manny Lark
WHY is this system so confusing?? I swear the SOS websites make it harder than it needs to be. Half the time their portal is down when you need it most.
0 coins
Rita Jacobs
•Tell me about it. I've been doing UCC filings for 10 years and the electronic systems still give me headaches sometimes.
0 coins
Manny Lark
•And don't get me started on the fees. They charge you for everything.
0 coins
Khalid Howes
I just went through this exact situation two months ago. Filed my continuation in January for a March 2025 expiration. The process was actually pretty straightforward once I had all the right information. Make sure you have your original filing number handy.
0 coins
Summer Green
•Did you file it yourself or use an attorney?
0 coins
Khalid Howes
•I did it myself through the state portal. Took about 20 minutes once I had everything ready. Just had to be super careful about getting all the details right.
0 coins
Ben Cooper
•That's brave! I always worry about messing up the technical details on these filings.
0 coins
Naila Gordon
Quick tip - before you submit your continuation, double-check that your debtor entity is still the same legal entity. If there have been any mergers, name changes, or corporate restructuring, you might need an amendment instead of just a continuation.
0 coins
Summer Green
•Good point. We did change from LLC to Corp in 2022. Does that affect the filing?
0 coins
Naila Gordon
•Yes! That's a significant change. You'll likely need to file an amendment to reflect the new entity name before or along with your continuation.
0 coins
Gael Robinson
•Definitely get legal advice on this. Entity changes can complicate UCC filings significantly.
0 coins
Cynthia Love
I've been using Certana.ai for all my UCC document reviews lately and it's been a game changer. When I had to do a continuation last month, I uploaded both my original UCC-1 and my draft UCC-3 and it caught a discrepancy in how we listed one of the collateral items. Would have been rejected for sure.
0 coins
Summer Green
•How does that work exactly? Do you just upload PDFs?
0 coins
Cynthia Love
•Yep, super simple. Just upload your documents and it cross-checks everything - debtor names, filing numbers, collateral descriptions, all of it. Takes like 2 minutes to get the results.
0 coins
Darren Brooks
•I heard about this tool but wasn't sure if it was worth it. Sounds like it caught something important for you.
0 coins
Cynthia Love
•Definitely worth it for the peace of mind. UCC mistakes can be really expensive to fix.
0 coins
Rosie Harper
Just make sure you file with enough time to fix any issues if your continuation gets rejected. I always try to file at least 30 days before deadline just in case.
0 coins
Summer Green
•That's smart. I'm definitely going to get this done this week.
0 coins
Elliott luviBorBatman
•Good plan. Better safe than sorry with these filings.
0 coins
Demi Hall
One more thing - keep copies of everything! Your filed continuation, the confirmation, payment receipts, all of it. You'll thank yourself later if any questions come up.
0 coins
Summer Green
•Will do. Thanks everyone for all the help. Feeling much more confident about getting this right now.
0 coins
Mateusius Townsend
•Good luck! Let us know how it goes.
0 coins
Kara Yoshida
Since you mentioned the entity change from LLC to Corp, you might want to have someone review whether your original UCC-1 is even still valid or if you need to start fresh. That's a pretty significant change that could affect the whole filing.
0 coins
Summer Green
•Oh no, I hadn't thought of that. Would the original filing be completely invalid now?
0 coins
Kara Yoshida
•Not necessarily invalid, but it might not provide the security interest the lender expects. Definitely worth getting legal advice before proceeding.
0 coins
Gael Robinson
•I agree. With an entity change that significant, you want to make sure your lien position is properly maintained.
0 coins
Paolo Conti
Just jumping in as someone who's been through this exact scenario - the entity change from LLC to Corp is definitely something you need to address before filing your continuation. I had a client who tried to just continue an old UCC-1 after a similar change and the lender's counsel caught it during their review. We ended up having to file both an amendment and a new UCC-1 to be safe. Given that you're dealing with $200k in equipment financing, I'd strongly recommend getting your attorney to review the original filing and determine the best path forward before your March deadline. Better to spend a little on legal review now than risk losing your secured position entirely.
0 coins