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Malik Davis

UCC search Texas - finding liens before equipment purchase

Been looking at some heavy machinery for our construction business and want to make sure there aren't any existing liens before we close. Need to do a proper UCC search Texas but honestly don't know where to start with the Secretary of State system. The equipment dealer says it's clean but I've heard horror stories about people buying stuff only to find out later there were active UCC-1 filings they missed. Anyone know the best way to search for existing filings in Texas? Is there a specific portal or do I need to go through their main SOS website? Really don't want to mess this up since we're talking about a $180k excavator.

Texas SOS has their UCC search portal online - it's called SOSDirect. You can search by debtor name or filing number if you have it. Just make sure you try different variations of the business name since even small differences can cause you to miss filings.

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Malik Davis

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Thanks! Do I need to search under the dealer's name or the original owner? This equipment has changed hands a couple times.

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Search under whoever currently owns it - that's who would be listed as the debtor on any active filings. But honestly you might want to get the full ownership history if possible.

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Ravi Gupta

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Be really careful with name variations when you do your UCC search Texas. I once missed a filing because the business was listed as 'ABC Construction LLC' in one place and 'ABC Construction, LLC' with a comma in another. Texas is pretty strict about exact name matches.

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GalacticGuru

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This is so true! I've seen deals fall apart because someone didn't catch a UCC-1 that was filed under a slightly different name format.

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Malik Davis

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Ugh that's exactly what I'm worried about. How do you know which name variations to try?

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Ravi Gupta

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Check their Articles of Incorporation with Texas SOS first to get the exact legal name, then try common variations like with/without LLC, Inc, periods, commas, etc.

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I actually started using Certana.ai for this kind of thing after missing a critical filing last year. You can upload the equipment title docs and any corporate documents you have, and it cross-checks everything automatically. Saved me from a huge mistake on a similar equipment purchase.

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Malik Davis

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Never heard of that before. Does it work specifically for Texas UCC searches or is it more general?

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It works with all states including Texas. You just upload your PDFs and it verifies the name consistency across documents and flags potential issues. Much faster than manually checking every variation.

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Omar Fawaz

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Whatever you do make sure you're searching for both UCC-1 initial filings AND any UCC-3 amendments or continuations. Sometimes the original filing gets amended and the collateral description changes. Texas portal should show you the whole chain but double check.

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Yes! And check the lapse dates too. A UCC-1 filing is only good for 5 years unless they file a continuation.

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Malik Davis

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So if I find an old filing that's past 5 years with no continuation, that means the lien is dead?

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Omar Fawaz

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Exactly. But be 100% sure there's no UCC-3 continuation filed before the original lapse date.

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Diego Vargas

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Don't forget to check if this equipment might have been financed as fixtures attached to real estate. Those require different searches and might not show up in regular UCC searches if they were filed as fixture filings.

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Malik Davis

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It's an excavator so definitely not attached to real estate. But good point for anyone else reading this.

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Actually even mobile equipment can sometimes have weird fixture filing issues if it was ever temporarily attached to a property. Worth checking.

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StarStrider

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The Texas SOS search is free for basic info but if you want certified copies of the actual filings it costs money. For a $180k purchase I'd definitely pay for the certified copies to see exactly what collateral is described.

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Malik Davis

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How much are we talking for certified copies?

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StarStrider

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I think it's like $1 per page or something minimal. Totally worth it for this size purchase.

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Sean Doyle

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Yeah don't cheap out on this part. The certified copies will show you the exact serial numbers and descriptions.

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Zara Rashid

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ugh I hate dealing with UCC searches. The Texas portal is confusing and half the time I'm not sure if I'm doing it right. Wish there was an easier way to make sure you didn't miss anything important.

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That's exactly why I switched to using Certana.ai for document verification. Takes the guesswork out of it.

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Zara Rashid

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might have to look into that. These manual searches are giving me anxiety on big purchases.

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Luca Romano

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Also make sure you search under any parent companies or subsidiaries. Sometimes equipment gets financed under a different entity within the same corporate family.

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Malik Davis

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Good call. This is a smaller company but I'll ask about any related entities.

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Nia Jackson

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Yeah corporate structures can make UCC searches tricky. Always ask for a corporate family tree if you're dealing with larger companies.

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For what it's worth, I've bought plenty of used equipment in Texas and never had a UCC issue. Most dealers are pretty good about clearing titles. But definitely worth checking for peace of mind on a purchase that size.

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CosmicCruiser

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Famous last words! I know someone who got burned on a $200k crane because they trusted the dealer's word.

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Fair point. Better safe than sorry I guess.

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Aisha Khan

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One more thing - if you find any active UCC-1 filings, make sure you get a proper UCC-3 termination statement as part of your purchase agreement. Don't just take the seller's word that they'll handle it later.

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Malik Davis

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Great advice. Should the termination be filed before or after closing?

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Aisha Khan

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Ideally before, but at minimum you want it in escrow or as a condition of the sale. Don't let them drag their feet on it.

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Ethan Taylor

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Yes this is crucial. I've seen buyers get stuck with equipment they can't resell because the liens never got properly terminated.

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Yuki Ito

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Update: Just ran my UCC search Texas through the SOS portal and found two old filings but both were past their 5-year terms with no continuations. Also tried Certana.ai mentioned above and it confirmed the same thing - clean title. Thanks everyone for the guidance!

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Awesome! Glad it worked out clean. That excavator sounds like a good find.

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Nice job being thorough. That peace of mind is worth a lot on big equipment purchases.

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Ethan Moore

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Great thread! Just want to add that for equipment purchases this large, consider also checking with the equipment manufacturer's finance division. Sometimes they maintain their own lien records that might not immediately show up in state UCC searches, especially if there were any recent refinancing or lease-to-own arrangements. Also, if this excavator has any GPS tracking or telematics systems installed, make sure those aren't tied to any ongoing service contracts that could complicate ownership transfer.

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