UCC statement request form confusion - what exactly am I requesting?
I'm working on an asset purchase deal and my attorney mentioned I need to get a UCC statement request form to check for existing liens on the equipment we're buying. I've been to the Secretary of State website but honestly I'm lost on what exactly this form does vs just doing a regular UCC search. The seller is being cagey about whether there are any outstanding secured debts on the machinery and I need to make sure we're not inheriting someone else's problems. Are these statement request forms the same thing as a UCC-11 information request? The SOS site has like 3 different search options and I don't want to pay for the wrong thing or miss something important. This is a $180K equipment purchase so I really can't afford to mess this up.
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Mia Alvarez
UCC statement request forms are basically your way of getting official documentation about what liens exist against specific collateral or debtors. You're on the right track thinking about UCC-11 - that's typically the form number for information requests in most states. The key difference is that a statement request gives you certified copies of actual filings, while a basic search just tells you what's on file.
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Zachary Hughes
•So if I do the statement request, I'll get copies of the actual UCC-1 filings that show the collateral descriptions? That would help me see exactly what equipment is covered under each lien.
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Mia Alvarez
•Exactly. You'll get copies of the UCC-1 initial filings plus any amendments or continuations. Pay close attention to the collateral descriptions - sometimes they're very broad ('all equipment') and sometimes very specific with serial numbers.
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Carter Holmes
Been there with equipment purchases! The statement request is definitely what you want for due diligence. Regular searches might miss nuances in the collateral descriptions that could bite you later. For $180K you absolutely need to see the actual filings, not just a search summary.
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Zachary Hughes
•That's exactly what I was worried about. The equipment includes some specialized manufacturing tools and I need to know if they're specifically listed in any security agreements.
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Sophia Long
•Smart move. I've seen deals fall apart because buyers assumed equipment was clear when it was actually covered under a blanket lien they didn't catch in a basic search.
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Angelica Smith
Quick tip - when you submit your UCC statement request form, make sure you're searching under all possible variations of the seller's business name. Sometimes companies file under slightly different names or include/exclude 'Inc.' or 'LLC' and you might miss something.
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Zachary Hughes
•Good point. Should I also search under the individual owner's name if it's a closely held company?
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Angelica Smith
•Absolutely. Personal guarantees often involve UCC filings against individual debtors, especially for equipment financing. Search both the business entity and key principals.
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Logan Greenburg
•This is why I always recommend using something like Certana.ai for these situations. You can upload the seller's corporate documents and it'll automatically cross-check all the name variations against UCC filings. Saves you from missing critical liens due to name discrepancies.
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Charlotte Jones
The statement request forms usually cost more than basic searches but they're worth it for high-value transactions. In my state it's like $25 per debtor name for certified copies vs $10 for a basic search. But when you're talking about $180K in equipment, that extra cost is nothing compared to the protection you get.
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Zachary Hughes
•Yeah the cost difference isn't really a factor here. I just want to make sure I'm getting everything I need to feel confident about the purchase.
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Lucas Bey
•The peace of mind is worth every penny. Plus if you do find liens, you can negotiate with the seller to handle them at closing or adjust the purchase price accordingly.
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Harper Thompson
Make sure you understand the difference between active and terminated filings when you get your statement request results. Sometimes you'll see old liens that have been terminated but the paperwork makes it look like they're still active. Look for UCC-3 termination statements.
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Zachary Hughes
•How can I tell if a lien has been properly terminated? Do I need to see a specific form or filing?
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Harper Thompson
•You should see a UCC-3 termination statement that references the original UCC-1 filing number. If there's no termination on file, assume the lien is still active even if the underlying debt might be paid off.
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Caleb Stark
•This is another area where document verification tools really help. I've been using Certana.ai to cross-check UCC-1 filings against termination statements to make sure everything matches up properly. It catches discrepancies that are easy to miss when reviewing multiple documents manually.
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Jade O'Malley
Don't forget to check the filing dates on any liens you find. Some older filings might have lapsed if they weren't properly continued. UCC-1 filings are only good for 5 years unless a continuation statement is filed.
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Zachary Hughes
•So if I see a UCC-1 from 2018 with no continuation statement, that lien would be expired?
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Jade O'Malley
•Exactly. The lien would have lapsed in 2023 if no UCC-3 continuation was filed. But double-check the dates carefully - some lenders file continuations right before the 5-year deadline.
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Hunter Edmunds
I learned this the hard way but also ask the seller to provide you with copies of any security agreements, not just the UCC filings. The UCC-1 just gives you the basic info but the actual security agreement has all the details about what's covered and what the default terms are.
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Zachary Hughes
•That's a great suggestion. I should be able to get those as part of the due diligence process anyway.
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Ella Lewis
•Yep, and compare the collateral descriptions in the security agreements to what's listed on the UCC-1 filings. Sometimes they don't match up perfectly and that can create issues.
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Andrew Pinnock
One more thing - if you find active liens, make sure you understand the priority order. Earlier filings generally have priority over later ones, so if there are multiple lenders involved, you need to know who gets paid first if things go sideways.
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Zachary Hughes
•The priority order would be based on the filing dates of the UCC-1 statements?
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Andrew Pinnock
•Generally yes, first to file wins. But there can be exceptions for purchase money security interests and other special situations. Your attorney should be able to walk you through the specifics.
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Brianna Schmidt
•Priority analysis is tricky and this is another place where automated document checking helps. Certana.ai can sort through multiple UCC filings and highlight potential priority conflicts that might affect your purchase.
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Alexis Renard
Bottom line - the UCC statement request form is your best friend for equipment purchases. It gives you the official documentation you need to know exactly what liens exist and whether they'll affect your purchase. Don't try to cut corners on this part of due diligence.
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Zachary Hughes
•Thanks everyone, this has been incredibly helpful. I'm definitely going to request the full statements rather than just doing a basic search.
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Camila Jordan
•Smart choice. Better to spend a little extra on proper due diligence than to inherit someone else's lien problems later.
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Chloe Taylor
Great advice from everyone here! Just to add one more practical tip - when you submit your UCC statement request, also consider requesting certified copies rather than just informational copies. For a transaction this size, having certified documents will be helpful if you need to provide proof to your lender or if any disputes arise later. The cost difference is usually minimal but the legal weight of certified copies can be important. Also, make sure to keep detailed records of exactly what you searched for (debtor names, variations, etc.) so you can show your attorney and any future stakeholders that you did thorough due diligence.
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