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I hate to be the bearer of bad news, but if the record truly is gone from their system and you can't get a certified copy, you might have bigger problems. Without proper documentation of the lien perfection, your secured position could be compromised in the bankruptcy proceedings. Hope you find it but you should probably start planning for that possibility too.
Don't panic yet. Courts understand that filing systems aren't perfect. If you have your original receipt and can show you made good faith efforts to obtain the certified copy, that should carry some weight.
Plus if other liens from the same time period are also missing, that suggests a systemic problem with their database rather than an issue with your specific filing.
One more idea - check if your original filing attorney or the bank that requested the filing has any additional documentation. Sometimes they keep more detailed records than what you might have, including correspondence with the filing office that could help track down the missing record.
Let us know how it turns out! This thread will be helpful for anyone else who runs into the same issue.
Definitely keep us posted. And seriously consider that Certana tool someone mentioned - might save you a lot of time and headaches.
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Just wanted to add - if you do get this resolved, consider setting up automatic reminders for future continuations. Missing the 5-year window because of technical errors is every secured party's nightmare.
We use calendar reminders set for 6 months before each continuation deadline. Gives plenty of time to sort out any issues.
That's exactly what we do. Started after almost missing a critical continuation deadline due to staff turnover.
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I still can't believe how picky they are about these descriptions. Like, if it's obviously restaurant equipment, why does the exact wording matter so much for goods under UCC? Seems like they're just trying to generate rejection fees.
RIGHT?! It's like they want you to fail so they can collect multiple filing fees. So frustrating.
The specificity requirements actually serve a purpose - they help third parties understand what collateral is encumbered when they're doing due diligence. But I agree the enforcement can be inconsistent.
For what it's worth, I've found that including 'and all proceeds thereof' at the end of goods under UCC descriptions can be helpful for comprehensive coverage. Just make sure your security agreement supports that broad language.
Proceeds language is important but make sure you understand the implications - it can affect how you handle insurance claims and equipment sales later.
This thread has been super helpful. I'm dealing with similar issues on an equipment financing deal and didn't realize how specific the goods under UCC descriptions needed to be.
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For what it's worth, I've seen banks that automatically file continuations for their borrowers, but don't count on it. Always verify that it got done, and if you're handling it yourself, don't procrastinate.
Yeah, never assume someone else is handling it unless you have it in writing.
The lender didn't mention anything about handling continuations so I'm definitely going to take care of it myself. Thanks everyone for the clarification!
One last thing - when you file the continuation, make sure the UCC-3 form references the original filing number correctly. Any mistake there and the continuation won't be effective.
Absolutely. I've caught several filing number transcription errors using Certana.ai's checker. Would have been costly mistakes.
The filing number is usually pretty long too, easy to transpose digits if you're doing it manually.
Alexander Zeus
I feel your pain! California's system has been terrible lately. I actually had to drive to the Sacramento office last week to get a search done in person because the online system was completely down. If you're really desperate, that's always an option, though obviously not ideal.
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Isabella Brown
•Wow, that's dedication! How long did it take to get the search results in person?
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Alexander Zeus
•About 30 minutes once I got to the counter. They have terminals there that work even when the public portal doesn't.
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Alicia Stern
This is exactly why I keep telling people to do their UCC searches well in advance of deadlines. The system is unreliable and you never know when it's going to be down. That said, the phone option mentioned earlier is probably your best bet right now. I've used it several times and they're usually pretty helpful.
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Alicia Stern
•We've all been there! The important thing is getting it done before the filing lapses.
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Gabriel Graham
•I always set calendar reminders 90 days before continuation deadlines. Saved me from several close calls.
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