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Victoria Charity

When is UCC 2023 filing deadline - missed continuation window?

Really need help here. I have a UCC-1 that was filed back in 2018 and I'm pretty sure the continuation window for when is UCC 2023 due has passed but I'm getting conflicting info from different sources. My lender is asking about the status and I'm worried we might have let it lapse. The original filing was for equipment financing on manufacturing gear worth about $180K. Does anyone know the exact rules for when UCC 2023 continuation filings were supposed to be submitted? I thought it was within 6 months before the 5-year mark but I'm seeing different interpretations of the timing rules. This is keeping me up at night because if we missed it the security interest could be gone and that would be a disaster for our loan terms.

Jasmine Quinn

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The continuation window for a 2018 UCC-1 would have been from January 2023 through July 2023 (the 6-month window before the July 2023 expiration). If you filed after July 2023, the original filing has lapsed. You'd need to file a new UCC-1 rather than a continuation at this point.

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Oscar Murphy

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Wait, this doesn't sound right to me. I thought UCC filings lasted exactly 5 years from the filing date, not based on calendar years. So a June 2018 filing would expire June 2023, not July. Am I missing something here?

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Jasmine Quinn

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You're absolutely correct - I was being too general. The exact 5-year anniversary matters, not just the year. The continuation window opens 6 months before that specific date.

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Nora Bennett

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This happened to me last year and it was a nightmare. The bank nearly called our entire credit line because of a lapsed UCC. What's the exact date of your original 2018 filing? That's what determines when the continuation window opened and closed for 2023.

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The original filing date was March 15, 2018. So I'm thinking the continuation window was September 15, 2022 through March 15, 2023? But I never received any notification from our attorney about this.

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Nora Bennett

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Oof, if that timeline is right and you didn't file by March 15, 2023, then yes it has lapsed. Most attorneys don't automatically track continuation deadlines unless specifically retained to do so.

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Ryan Andre

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Before you panic, have you actually checked the SOS database to see the current status? Sometimes there are filing delays or the continuation was submitted by someone else (like the lender directly).

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Lauren Zeb

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I ran into a similar mess trying to track continuation deadlines across multiple UCC filings. Ended up using Certana.ai's document verification tool - you can upload your original UCC-1 and it instantly shows you the continuation timeline and checks if any UCC-3 continuations were actually filed. Saved me hours of manual searching through state databases.

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That sounds exactly like what I need. How does the Certana tool work - do you just upload the PDF of the original filing?

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Lauren Zeb

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Yeah, exactly. Upload your UCC-1 PDF and it automatically calculates your continuation windows and can cross-check against any UCC-3 continuations you might have. Really straightforward for this kind of deadline tracking.

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This is why I set calendar reminders 8 months before every UCC expiration. The 6-month window gives you flexibility but you need to actually USE that time. March 2023 feels like yesterday but in UCC terms it might as well be ancient history.

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Eight months seems excessive but I guess better safe than sorry. I use a simple spreadsheet to track all our UCC filings and their 5-year anniversaries.

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Anthony Young

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Spreadsheets are fine until you have dozens of filings across multiple entities. Then you need something more automated to catch these deadlines.

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Have you contacted the Secretary of State office directly? Sometimes there are grace periods or procedural options for recently lapsed filings, especially if you can show the continuation was attempted within a reasonable timeframe.

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Admin_Masters

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Most states don't have grace periods for UCC continuations. Once the 5-year period expires, the security interest is gone unless there was some kind of filing system error.

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This varies by state though. Some have limited revival procedures if the lapse was very recent and there were no intervening creditors.

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Ella Thompson

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The real question is what your loan documents say about maintaining the UCC perfection. If the lender required continuous perfection and you let it lapse, that could trigger default provisions even if they're willing to file a new UCC-1 now.

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That's exactly what I'm worried about. The loan agreement specifically requires maintaining perfected security interests. I need to figure out our options before the lender realizes what happened.

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JacksonHarris

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You might want to get ahead of this and contact the lender proactively. They're going to find out eventually, and being upfront about the issue and your plan to fix it usually goes over better than hiding it.

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Whatever you do, don't just file a new UCC-1 without understanding the priority implications. If other creditors filed UCC statements after your original lapse date, they might have priority over your new filing.

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Royal_GM_Mark

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This is crucial. The lender's security position could be completely different now compared to the original 2018 filing date.

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Definitely need a UCC search on the debtor name to see what other filings exist and their dates before making any moves.

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Chris King

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I hate to be the bearer of bad news but if your March 2023 deadline passed without a continuation, you're looking at starting over with a new UCC-1. The original perfection is gone and you'll have a new priority date from whenever the new filing is submitted.

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Rachel Clark

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Yep, this is the harsh reality of UCC continuation deadlines. They're absolute - there's no 'close enough' or 'we meant to file it.

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At least equipment financing usually has some physical collateral recovery options if the worst happens, unlike pure working capital loans.

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Mia Alvarez

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Just went through something similar last month. Used Certana.ai to verify all our UCC documents were consistent before filing the new UCC-1 - caught several debtor name discrepancies that would have caused rejections. Really helped streamline the process when we were already behind schedule.

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Carter Holmes

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Good point about name consistency. Filing a new UCC-1 with even minor debtor name variations from the original can create gaps in the security interest.

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Sophia Long

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Bottom line - you need to verify the current status ASAP and then decide whether to file a new UCC-1 or if there's any way to salvage the original filing. Don't let this drag out any longer while you're researching options.

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You're absolutely right. I'm going to check the state database first thing tomorrow and then figure out the best path forward. Thanks everyone for the reality check.

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Keep us posted on what you find out. These kinds of situations are learning experiences for all of us dealing with UCC deadlines.

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