UCC Document Community

Update us when you get this resolved! Always curious how these situations turn out and what tactics actually work with stubborn lenders.

I've dealt with this exact scenario multiple times in my practice. Here's what I recommend: First, check your original loan agreement - most contain specific language about lien release timing (usually 10-30 days). Second, file a UCC search on Georgia SOS website to confirm the lien is still active. Third, send a formal written demand citing your loan agreement's lien release clause and Georgia Commercial Code Section 9-513. Include your loan payoff confirmation, the UCC filing number, and give them exactly 5 business days to file the UCC-3 termination. Send it certified mail to both their loan servicing department AND their legal/compliance department. If they don't respond, contact the Georgia Department of Banking and Finance - they take lien release violations seriously. Most lenders will file within 48 hours once they realize you're serious about regulatory complaints.

File the UCC-1 today and then consider whether you need to amend your loan documentation. Some lenders add retroactive security agreement language or get new personal guarantees to strengthen their position after filing gaps like this.

This is a painful lesson but not necessarily fatal. File the UCC-1 immediately - today if possible. You'll lose priority to anything filed during the 8-month gap, but you still need whatever protection you can get. Run a comprehensive UCC and judgment lien search on the borrower right away to see what other creditors might have filed during your window. Also check your loan agreement carefully - some have cure periods or language that might help your position. The personal guarantees are still valid regardless of the UCC filing issue, so that's something. Document everything about how this happened and implement systematic checks going forward - this kind of error can destroy a lending business if it happens repeatedly.

Bottom line: if your UCC-1 is filed correctly and your security agreement is valid, their UCC 1-308 posturing is just theater. Focus on keeping your filings current and let them waste their time on irrelevant legal theories.

I've dealt with this exact scenario multiple times in my practice. The key point everyone's making is correct - UCC 1-308 is about contract performance under reservation of rights, not about UCC filing validity. What I usually tell clients is to treat this as two separate issues: (1) your security interest and lien perfection, which stands or falls based on your UCC filings and security agreement, and (2) any contract disputes the debtor wants to raise. The debtor can invoke 1-308 all they want, but it won't invalidate a properly perfected security interest. I'd recommend having your attorney send them a brief response explaining that their 1-308 reservation doesn't affect your lien position, just to create a clear record. Then focus on making sure your continuation filing is timely and accurate.

UPDATE: Finally got through to Tesla's secured transactions department. They confirmed the UCC-3 was filed last week but with a typo in my name. They're filing an amended termination this week. Thanks everyone for the advice, especially about Certana - I'm going to use that to verify everything matches up correctly this time.

This whole thread has been really eye-opening about Tesla's UCC release issues. I'm dealing with a similar situation with my Model S - paid it off 7 weeks ago and still no UCC-3 termination showing up. Based on what everyone's shared here, it sounds like I need to: 1) Call Tesla's secured transactions department directly instead of regular customer service, 2) Get a satisfaction letter even if the UCC-3 isn't filed yet, 3) Check if they filed in a different state, and 4) Consider using Certana.ai to verify everything matches up properly. Really appreciate all the specific advice - Tesla's customer service has been useless but this gives me a clear action plan to follow.

This thread is really helpful! I have a Cross River Bank deal coming up next week and now I know to verify the debtor name independently. Thanks for sharing your experience with this rejection.

I've dealt with this exact scenario multiple times with Cross River Bank filings. The punctuation issue is unfortunately very common - I've seen rejections for missing commas, periods after "Inc", and even extra spaces in entity names. What I've learned is to always pull the debtor name directly from the Delaware Division of Corporations database and copy it character-for-character, including all punctuation marks. Their search function will show you the exact legal name as filed. For your situation with "ABC Manufacturing Solutions, LLC" vs "ABC Manufacturing Solutions LLC", definitely go with the comma version since that's what Delaware has on file. I'd recommend filing a corrected UCC-1 rather than an amendment - it's faster and cleaner for the record. Also, pro tip: screenshot the entity search results from the state database and keep it in your file as documentation of the correct name format in case there are any questions later.