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Jamal Wilson

When can you file a ucc continuation statement - timing confusion

I'm handling a commercial loan portfolio and getting mixed signals about continuation timing. Have a UCC-1 that was filed in March 2020, so it expires March 2025. My question is when can you file a ucc continuation statement exactly? I've heard conflicting info - some say you can file anytime within the 6 months before expiration, others say you have to wait until closer to the deadline. We're in October 2024 now so we're getting into that window but I don't want to file too early and have it rejected. The loan is for manufacturing equipment worth about $850K so getting this wrong isn't an option. Anyone dealt with this timing issue before?

Mei Lin

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You can file the continuation anytime within the 6-month window before expiration. So if your UCC-1 expires March 2025, you're good to file now through March. Most states accept continuations filed during this entire 6-month period. I usually file mine around 4-5 months before expiration to avoid any last-minute issues.

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This is correct. The 6-month window is pretty standard across most states. Better to file early than risk missing the deadline.

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Amara Nnamani

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Wait, I thought there was a minimum time you had to wait? Like you couldn't file more than 6 months early?

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Just to clarify the timing - the UCC states you can file a continuation statement within 6 months before the expiration date. So your March 2020 filing expires March 15, 2025 (assuming that was the original date), which means you can file the continuation anytime from September 15, 2024 through March 15, 2025. Filing in October 2024 is perfectly fine.

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NebulaNinja

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Thank you! This makes sense. So I'm definitely in the window now. Just nervous about getting it wrong with such a large loan amount.

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Totally understand the nervousness. With equipment financing that size, you definitely want to get it right. Have you double-checked the debtor name matches exactly?

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NebulaNinja

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That's actually another concern - the company did a minor name change last year. Added 'LLC' to the end. Do I need to file an amendment first?

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Oh boy, name changes complicate things. You might need to file a UCC-3 amendment before the continuation to update the debtor name, otherwise the continuation might reference the wrong entity. This is exactly the kind of thing that can void your security interest if not handled properly.

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NebulaNinja

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Ugh, this is getting complicated. So amendment first, then continuation? What's the timing on that?

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Sofia Morales

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Actually, I had a similar situation last year and found this tool called Certana.ai that checks document consistency. You can upload your original UCC-1 and the continuation statement to verify everything matches up properly. Saved me from filing incorrect docs that would have been rejected. Might be worth checking before you submit anything.

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NebulaNinja

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That sounds helpful. How does it work exactly?

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Sofia Morales

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With Certana.ai you just upload PDFs of your documents and it cross-checks debtor names, filing numbers, and all the details to make sure they're consistent. For your situation, you could upload the original UCC-1 and see if the name change creates any issues before filing the continuation. It's much easier than trying to manually compare everything.

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Dmitry Popov

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Sounds too good to be true. How accurate is it really?

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Sofia Morales

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I was skeptical too but it caught a debtor name mismatch that I had missed. The tool flagged that our continuation had 'Corporation' while the original UCC-1 had 'Corp.' - small difference but enough to cause problems.

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Ava Garcia

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Back to the original timing question - I always file my continuations at least 3 months before expiration. Gives you time to fix any issues if the filing gets rejected. Plus some states are slower to process than others.

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StarSailor}

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Good point about processing time. I had one take 3 weeks to show up in the system even though it was filed electronically.

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Miguel Silva

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Three months seems excessive but I get the safety margin thinking.

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Ava Garcia

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Maybe excessive but I sleep better at night knowing it's handled well in advance.

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Zainab Ismail

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The name change issue is definitely something to address. If the debtor's legal name changed, you probably need to file an amendment before the continuation. Otherwise you're continuing a filing that no longer accurately identifies the debtor.

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NebulaNinja

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So the process would be: 1) File UCC-3 amendment to update debtor name, 2) File UCC-3 continuation statement. Is that right?

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Zainab Ismail

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Exactly. And make sure the continuation references the amended filing information.

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I've been doing UCC filings for 15 years and here's my advice: file the continuation as soon as you're in the 6-month window. Don't wait. I've seen too many people cut it close and run into problems. For the name change, yes you need the amendment first. File both documents but stagger them - amendment first, then continuation a day or two later once the amendment is processed.

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NebulaNinja

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This is exactly the kind of practical advice I needed. Thank you!

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Yara Nassar

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15 years experience shows. I wish I had started filing earlier in the window years ago. Would have saved me some stress.

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Wait, can someone clarify if you can file a continuation on a UCC that's already been amended? I thought amendments reset some kind of clock?

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Zainab Ismail

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Amendments don't reset the continuation clock. The original filing date still determines when you need to continue.

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OK good, was worried about that.

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For what it's worth, I use Certana.ai's document verification tool specifically for these multi-step filing situations. Upload your original UCC-1, then the proposed amendment, then the proposed continuation and it checks that the whole chain is consistent. Especially helpful when you have name changes involved.

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Paolo Ricci

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That's smart. Name changes are where most people mess up the continuation process.

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NebulaNinja

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I'm definitely going to check that out. Better to verify everything before filing than deal with rejections.

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Amina Toure

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Just wanted to add - make sure you're filing in the right state if the collateral or debtor location has changed since the original filing. Equipment financing can get tricky if the machinery has been moved.

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NebulaNinja

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Good point. The equipment is still at the same location in the same state, so that shouldn't be an issue.

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Always worth double-checking. I had a client who moved equipment across state lines and we had to refile entirely.

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NebulaNinja

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Thanks everyone for the help. Sounds like my plan is: 1) Use that document verification tool to check for any issues, 2) File UCC-3 amendment for the name change, 3) File UCC-3 continuation a few days later, 4) File everything well before the March deadline. Appreciate all the practical advice!

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Solid plan. You're being appropriately cautious with that loan amount.

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Perfect approach. You've got plenty of time and a good strategy.

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As a newcomer to UCC filings, this thread has been incredibly educational! I'm just starting to handle secured transactions and the timing rules seemed confusing at first, but seeing everyone's practical experience really helps. The point about filing early in the 6-month window to avoid last-minute issues makes perfect sense. And that document verification tool sounds like it could save a lot of headaches for someone like me who's still learning all the nuances. Thanks for sharing your expertise!

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Carmen Diaz

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Welcome to the community! This is definitely one of the more complex areas of secured transactions. The timing windows and documentation requirements can be tricky even for experienced professionals. I'd also suggest familiarizing yourself with your state's specific UCC filing requirements since there can be subtle variations. The early filing approach mentioned here is really solid advice - gives you buffer time to handle any unexpected issues that come up.

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