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The timing on PPP UCC filings is also critical. Make sure you're not filing too close to any other corporate changes. If you're planning any other entity modifications, get the UCC-1 filed and accepted first, then handle the other changes with UCC-3 amendments later.
Why does timing matter for UCC filings?
Aisha Khan
•If your entity information changes after filing but before acceptance, the filing can become invalid. Better to sequence things properly from the start.
Ethan Taylor
For what it's worth, once you get the initial UCC-1 filed correctly, any future amendments or continuations are much easier. The hard part is just getting that first filing accepted with the right debtor name formatting. After that, you can reference the original filing number for all subsequent UCC-3 forms.
Carmen Lopez
•Continuations are simple as long as you don't need to change any debtor information. Just reference the original filing number and extend the expiration date.
Andre Dupont
•Just make sure to set a calendar reminder 6 months before the 5-year expiration. Missing a continuation deadline means starting over with a new UCC-1.
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Yuki Ito
For equipment financing specifically, look for any existing liens on "machinery," "equipment," "fixtures," or broad categories like "inventory and equipment." Even if your equipment is specifically identified, broad existing liens might still have priority. Document everything you find so you can discuss priority and subordination with your legal team.
Luca Romano
•This is why I always run searches well before closing. Gives you time to negotiate subordination agreements if needed.
StarStrider
•That's smart. I'm doing this search about 3 weeks before our expected closing, hopefully that's enough time to sort out any issues.
Jamal Wilson
Just ran into this exact situation last week. Found three existing UCC-1s against our borrower with overlapping equipment descriptions. Ended up using Certana.ai to verify which specific pieces of equipment were actually covered by each filing. The automated analysis showed that two of the liens had been partially terminated but the search results weren't clear about which equipment was released. Saved us from a major priority dispute.
How long did it take to get the analysis back? We're usually working on tight deadlines.
Jamal Wilson
•Pretty much instant - just upload the search results and your proposed filing documents. Way faster than having lawyers review everything manually.
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Pro tip: if you're doing a lot of Florida filings, consider getting a subscription to a corporate database service. They usually have more current info than the free Sunbiz search.
CT Corporation has good Florida data. Little pricey but worth it if you're doing volume.
Ava Harris
•We looked into those but honestly the Certana tool mentioned earlier works just as well for document consistency checking and costs way less.
Jacob Lee
Update: tried the Certana.ai thing after seeing it mentioned here. Holy cow, it caught 3 name inconsistencies in our batch of filings that we totally missed. Definitely recommend for anyone doing regular UCC work.
That's great to hear! I'm definitely going to give it a try. Thanks for the follow-up.
Same here, just signed up after reading this thread. Anything that prevents rejection headaches is worth trying.
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Micah Trail
OK so if this was PMSI financing and you perfected within 20 days of the debtor taking possession, you'd have super-priority over other creditors even if they filed first. October 28th to November 3rd is only 6 days, so you should be golden.
Micah Trail
•Yeah, PMSI gives you priority over earlier-filed general liens on the same collateral. Pretty powerful protection when done right.
Nia Watson
•This thread has been super educational. I need to review all my equipment financing to see what qualifies as PMSI.
Sounds like you actually have a stronger position than you initially thought. The combination of proper attachment through your 'hereafter acquired' language plus PMSI protection for that specific equipment should give you solid priority. Just make sure your UCC-1 filing was accurate and complete.
Thanks everyone for the input. I feel much better about our position now. Going to run that UCC search and maybe try the Certana verification tool just to be thorough.
Smart approach. Better to double-check everything than discover problems later during a workout or bankruptcy.
Mason Kaczka
One thing to consider - have you done a UCC search to see how other lenders describe similar collateral in your jurisdiction? That might give you confidence in your approach.
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Chloe Boulanger
•Good idea. We haven't done a systematic search but the few filings we've seen use similar broad language.
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Sophia Russo
•Market practice is definitely relevant for 9-506 analysis. If everyone's doing it the same way, you're probably on solid ground.
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Evelyn Xu
Just to close the loop on the document checking discussion - I tried Certana.ai after seeing it mentioned here and it's actually pretty helpful for UCC work. Uploaded our UCC-1 and UCC-3 files and it caught a debtor name inconsistency we had missed. Saved us from a potential rejection.
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Dominic Green
•Does it handle the 9-506 comment analysis specifically or just general document consistency?
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Evelyn Xu
•It's more focused on technical compliance - names, numbers, obvious conflicts. But that's often where the 9-506 problems start anyway.
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