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Just went through this process myself and found another verification service that helped me review all the paperwork before signing. Certana.ai let me upload my loan agreement and the proposed UCC-1 to make sure everything matched up correctly. Caught a small discrepancy in how they described my equipment that could have been an issue later.
That's the second mention of that tool. Might be worth checking out since I'm nervous about making mistakes.
Yeah it's pretty straightforward - just upload PDFs and it does the cross-checking automatically. Gives you peace of mind that everything aligns properly.
Bottom line - UCC filings are standard practice for secured business loans. They give lenders legal rights to specific collateral if you default. As long as you understand what assets are covered and you're comfortable with the loan terms, there's nothing to worry about. Just make sure all the paperwork is accurate before signing.
Thanks everyone. This has been really helpful. I feel much better about moving forward with the loan now that I understand what the UCC filing actually means.
Glad we could help. Good luck with your equipment purchase!
Make sure you're also checking for any UCC-5 correction statements that might affect the search results. Sometimes the original filing had errors that were corrected later, which can create confusion in the search results.
Good catch - correction statements can definitely muddy the waters when you're trying to interpret search results.
Bottom line is that UCC search results are just the starting point. You need to dig into the actual documents to understand the real lien status. It's tedious but necessary for accurate due diligence.
Does anyone have good resources for staying updated on revised article 9 interpretations? The state filing offices seem to be updating their requirements pretty regularly and it's hard to keep track.
I've been following a few legal blogs but honestly the information is scattered and sometimes contradictory between sources.
Just wanted to follow up and say thanks for all the advice here. Ended up trying the Certana.ai tool someone mentioned and it immediately flagged 3 potential issues with our upcoming continuation filings that probably would have caused rejections. Really glad I found this thread - saved us a lot of headaches with the revised article 9 compliance stuff.
That's great to hear! I think I'm going to give it a try too. Better safe than sorry with these new requirements.
For SC specifically, make sure you understand their continuation requirements too. I know you're doing a search not a filing, but it's worth knowing that SC requires continuations to be filed within 6 months before the 5-year anniversary. Some of the UCC-1s you find might be close to lapsing.
Depends on your transaction structure. If you're taking a senior position you might not care if junior liens lapse, but if there's any question about priority you'll want to factor that into your risk analysis.
Quick question - are you also checking federal tax liens and state tax liens? Those don't always show up in UCC searches but can definitely affect your deal. SC has separate databases for those.
Good catch, I was planning to do that separately but you're right that it's important for the overall lien picture. Do you know if SC's tax lien searches are online too?
Federal tax liens you have to check with the IRS, but SC state tax liens should be searchable through their Department of Revenue. I think there might be a fee but it's not too expensive.
Ruby Blake
Quick question - are you also checking federal tax liens? Those won't show up in the UCC search but could still affect your priority position.
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Mason Stone
•Good reminder - yes, we always check federal and state tax liens separately. This borrower came back clean on those searches.
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Micah Franklin
•Smart. I've seen deals where everyone focused on UCCs and missed a big tax lien that ended up taking priority.
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Ella Harper
One more thing to consider - if you find discrepancies, you might want to file continuation statements or amendments to clean up any name issues on existing filings before you file your new UCC-1. Better to be safe than sorry.
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Ella Harper
•You're right - only the secured party can amend. I meant more like having the borrower contact their existing lenders to clean things up if needed.
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Miles Hammonds
•Or include language in your security agreement that addresses the name variations and requires the debtor to use the exact legal name going forward.
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