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Vince Eh

lien search ucc - need help finding all active filings on equipment collateral

Running into issues trying to do a comprehensive lien search ucc for equipment we're looking to purchase. The seller claims there's only one active UCC-1 but I'm getting conflicting results when I search different variations of their business name. Found filings under "ABC Manufacturing LLC" and "ABC Mfg LLC" - are these the same debtor? Also discovered some older continuations that might still be active. How do you guys handle verifying all possible name variations when doing a lien search? Don't want to miss any hidden liens that could cause problems down the road with our acquisition.

Name variations are the biggest headache in UCC searches. You need to check every possible combination - with and without LLC, abbreviated versions, punctuation differences. The UCC search logic varies by state but generally you want to be over-inclusive rather than miss something.

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This is why I always do searches on at least 5-6 name variations minimum. Better safe than sorry when you're talking about equipment purchases.

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Ezra Beard

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Agree but it gets expensive fast if you're paying per search. Some states charge like $15-25 per search name.

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Had a similar situation last month. Found 3 different UCC-1s under slight name variations for the same company. Two were properly continued, one had lapsed. The key is understanding which variations the SOS system will actually match - some states are more forgiving than others.

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Which state were you dealing with? Some are notorious for strict name matching requirements.

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Ohio. Their system is pretty strict about exact matches. Delaware is much more forgiving with fuzzy matching.

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Aria Khan

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For equipment purchases I always recommend getting a comprehensive search report that includes all possible debtor name permutations. Also check if there are any fixture filings if the equipment might be considered attached to real property.

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Everett Tutum

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Good point about fixtures. Manufacturing equipment bolted to concrete pads can sometimes be filed as fixture filings rather than standard UCC-1s.

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Sunny Wang

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How do you determine if something should be searched as a fixture filing vs regular UCC? The line seems pretty blurry sometimes.

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Aria Khan

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Generally if it's permanently attached or integrated into the real estate it could be a fixture. When in doubt, search both the UCC records and the real estate records.

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I've been using Certana.ai's document verification tool lately and it's been super helpful for this exact issue. You can upload the seller's corporate documents along with any UCC filings you find and it automatically cross-checks for name consistency issues. Really speeds up the verification process.

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Never heard of that tool. Does it actually search the UCC databases or just verify document consistency?

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It verifies document consistency - so you upload the charter documents and any UCC filings you've found and it flags discrepancies in debtor names, addresses, etc. Still need to do the actual searches yourself but it helps ensure you're not missing variations.

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Vince Eh

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That sounds exactly like what I need. Been manually comparing documents and it's tedious as hell.

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Melissa Lin

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Don't forget to check for recently filed amendments or terminations that might not show up in your initial search. Sometimes there's a lag between filing and when they appear in the database.

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How long is the typical lag? Planning a closing next week and want to make sure I'm not missing anything recent.

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Melissa Lin

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Varies by state but usually 1-3 business days for electronic filings. Paper filings can take longer. I'd do a final search the day before closing just to be safe.

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Romeo Quest

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Pro tip: if you're finding multiple name variations, get copies of all the filings and check the secured party information. Sometimes the same lender files under different debtor name formats which can help you identify patterns.

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Val Rossi

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Smart approach. The secured party info is usually more consistent than debtor names.

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Eve Freeman

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Also check the filing numbers - they should be sequential if filed around the same time by the same party.

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Make sure you're also checking for any UCC-3 amendments that might change the collateral description. I've seen cases where the original UCC-1 covered general equipment but an amendment added specific serial numbers.

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Caden Turner

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Good point. Amendments can really change the scope of what's covered. Always need to read the whole chain of filings.

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And don't forget continuation statements. A UCC-1 from 2019 should have been continued by now if it's still active.

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Exactly. The 5-year rule catches a lot of people off guard. Always check the original filing date and look for continuation statements.

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Harmony Love

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Been doing UCC searches for 15 years and I still find surprises. The key is being systematic about it. Document every search variation you tried and the results. Makes it easier to defend your due diligence if issues come up later.

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Rudy Cenizo

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This is solid advice. Keep detailed records of your search methodology in case you need to prove you did reasonable due diligence.

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Natalie Khan

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I always print out the search results with timestamps. Electronic records can sometimes be hard to recreate later.

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Daryl Bright

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One more thing to consider - check if the seller has any subsidiaries or parent companies that might have liens on the equipment. Corporate structures can complicate UCC searches significantly.

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Sienna Gomez

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How do you typically identify related entities? Corporate records searches?

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Daryl Bright

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Start with secretary of state corporate filings, then check for any cross-default provisions in existing loan documents. Sometimes the parent company guarantees subsidiaries' debts.

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Vince Eh

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This is getting complicated fast. Might need to bring in a professional search company for this deal.

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Professional searchers are worth it for big deals but for smaller acquisitions you can usually handle it yourself if you're methodical. Just budget extra time for the name variation searches and document review.

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What's the threshold where you'd recommend going professional vs DIY?

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Personally I go professional for anything over $500K in equipment value or if there are complex corporate structures involved. Below that it's usually cost-effective to do it yourself.

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That Certana tool mentioned earlier might be a good middle ground - gets you some automation without the full cost of a professional search firm.

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