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This thread has been really helpful. I was starting to second-guess my understanding of UCC continuation requirements. Sounds like the key is to separate contractual obligations from UCC statutory requirements and focus on the 6-month continuation window. I might try that Certana tool mentioned earlier to double-check my document consistency.
Definitely worth trying. It's pretty quick to upload documents and get a consistency check. Saved me from a potential filing error.
Good idea. Better to be safe with these high-value collateral filings.
One last thing to consider - make sure you're monitoring the debtor's corporate status. If the company has changed names or merged since the original UCC-1 filing, you might need to file a UCC-3 amendment before or along with your continuation to update the debtor information. This is especially important with capital equipment where the values are high.
Corporate changes are easy to miss but can invalidate your security interest if not handled properly. Always worth checking.
Secretary of State corporate search is usually pretty easy to do online. Good practice to check before any UCC filings.
Don't forget about the continuation requirements once you file. UCC-1 filings are only effective for 5 years, so you'll need to file a continuation statement before it lapses if you want to maintain your perfected status.
Good reminder. I've seen people go through all this work to get perfected and then let it lapse by forgetting about the continuation deadline.
Just to circle back to your original question - yes, security agreements can be oral, but getting it in writing now is definitely the smart move. It protects everyone involved and makes the UCC filing process much cleaner. Take your time with the debtor name verification - that's where most filing problems occur.
Thanks everyone for all the guidance. I feel much more confident about moving forward with this now. Going to start with getting the exact legal name documentation and then work through the rest systematically.
Document everything - every phone call, every letter, every attempt to contact the secured party. If you end up in court or need to file a complaint with banking regulators, you'll need a paper trail showing you made good faith efforts to resolve this properly.
Certified mail is your friend here. Send formal demands for termination via certified mail to every address you can find associated with the secured party or their successors.
And keep copies of returned mail if addresses are invalid. That's evidence of their failure to maintain proper contact information as required.
UPDATE: Thanks everyone for the advice. I found a UCC-3 assignment from 2022 that I had missed - turns out the lien was transferred to a subsidiary of the bank that bought the original lender. Finally got through to the right people and have a termination in process. Sometimes you just need to dig deeper into the filing records.
Glad you got it sorted out! This is exactly the kind of thing that document verification tools are designed to catch - all those related filings that are easy to miss in manual searches.
Perfect example of why keeping detailed records and being persistent pays off. Hope your refinancing goes smoothly now.
sounds like you're being appropriately cautious about this. missing a UCC filing on a deal can definitely create problems down the road
Exactly why I'm being so careful about this. Better to over-search than miss something critical.
Update: ended up doing extensive searches using all the name variations and found two filings I would have missed with a basic search. The Certana tool helped verify everything was consistent across my documents. Thanks everyone for the advice - comprehensive approach definitely paid off here.
Great outcome. Finding those additional filings probably saved you from complications later in the deal.
This is exactly why patience and thoroughness matter so much with UCC searches. Good work.
Morita Montoya
This whole thread is a perfect example of why UCC filing is more complicated than people think. You can't just copy names from loan documents and assume they'll match what the state has on file. Due diligence on the front end saves so much headache later.
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Joy Olmedo
•That's a scary thought. How many liens out there do you think have name issues that nobody has caught yet?
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Morita Montoya
•Probably more than we'd like to think. That's why regular audits and verification tools are becoming essential, not optional.
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Isaiah Cross
Thanks for posting this question and the follow-up. I'm dealing with a similar situation in South Carolina and this thread gave me the roadmap to resolve it. Going to call the UCC division tomorrow before submitting anything.
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Kiara Greene
•Good luck! Make sure you have the entity ID number ready when you call - they can look it up faster that way.
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Evelyn Kelly
•Let us know how it goes. Always helpful to hear about other people's experiences with the SC office.
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