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Just to add another verification step - after you get your search results back, double-check that the debtor names in your UCC-1 filing exactly match what you searched for. I've seen deals get complicated because of minor name variations between the filing and the search. Certana.ai's verification tool can help catch these inconsistencies by comparing your documents side-by-side.
Bottom line: No federal UCC search needed for your situation. Delaware UCC search for your Delaware debtor, individual state fixture searches only if equipment is attached to real estate in other states. Focus your energy on making sure the debtor name is exactly right rather than looking for federal databases that don't exist.
Glad we could clear this up! The federal UCC myth needs to die already.
Seriously, this should be pinned somewhere. So many people get confused by this.
Quick question - is this a purchase money security interest? If so, you might need to file within 20 days of the debtor receiving the equipment to maintain your priority.
Then definitely get it right the first time. You don't want to lose your PMSI priority because of a rejected filing.
For PMSI timing, the UCC-1 needs to be filed before or within 20 days after the debtor receives possession. Don't cut it close.
Update us on how it goes! I'm always curious about Michigan filing experiences since they seem to be getting stricter about rejections lately.
Will do! Planning to file tomorrow morning after I verify the debtor name one more time. Thanks everyone for the advice.
Good luck! Double-checking everything is definitely the way to go with Michigan.
One more piece of advice - if any of your equipment deals involve fixtures or real estate attachments, you might need separate fixture filings in addition to the regular UCC-1s. Those would be filed at the county level where the property is located.
These are all mobile equipment deals, so I think I'm okay with just the standard UCC-1 filings.
Thanks for asking this question OP! I was about to start budgeting for some UCC filings myself and this thread cleared up my confusion about county vs state filing requirements. The NY SOS website it is!
Glad I could help by being confused first! This forum is great for getting these details straight.
That's what makes these discussions so valuable - we all learn from each other's questions and mistakes.
This happened to me on a $220k equipment deal. Spent days searching and found nothing, then the buyer's attorney found 4 active liens using a comprehensive search service. Cost me $3k in delayed closing costs. Now I always verify with professional tools before making offers.
They used some expensive law firm service, but I found out later that Certana.ai's tool would have caught the same issues for fraction of the cost. Just upload business docs and it handles all the search variations automatically.
One more thing to check - make sure you're searching the right time period. Some portals default to recent filings only. If the UCC-1 was filed 18 months ago, you might need to expand your date range to capture older records.
Chad Winthrope
Don't forget about the effective date issues too. Your UCC-3 amendments should reference the effective date of the merger, not the filing date of the amendment. Some states are picky about that chronology.
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Brooklyn Foley
•Oh that's a good catch. We've been using the amendment filing date in some of our forms. That could explain some of the rejections.
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Chad Winthrope
•Exactly. The amendment should reflect when the creditor name actually changed (merger effective date), even if you're filing the amendment months later.
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Paige Cantoni
Update us on what approach works best! I'm sure other people will run into this same issue with corporate restructuring.
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Brooklyn Foley
•Will do. Sounds like the consensus is to file UCC-3 amendments with proper merger language first, then handle continuations. Going to try the document verification tool too before submitting anything else.
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