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Final thought - if the continuation was filed correctly but just not showing in search, you can always provide your client with the official acceptance notice as proof. Most banks will accept that documentation even if their own search doesn't show the continuation yet.
Exactly. The filing receipt is your proof of perfection. Search glitches don't invalidate properly filed documents.
Though you still want to get the search issue resolved eventually for future reference checks.
Had this exact same nightmare scenario with NY SOS last year! Filed a UCC-3 continuation in February, got the acceptance notice, but searches weren't showing it for almost 6 weeks. Turns out there was a system glitch on their end that affected filings from that time period. I ended up having to call their UCC division directly (took forever to get through) but they were able to manually verify the filing was valid and pushed it through to show up in searches. In the meantime, I sent my client a certified letter explaining that the acceptance notice serves as legal proof of continuation regardless of search results. The bank accepted this documentation without issue. Definitely call NY SOS directly with your filing number - they can usually sort it out faster than waiting for the system to self-correct.
The whole UCC system needs an overhaul. Too much manual processing and too many opportunities for errors. At least most states have online filing now but the speed and accuracy is still hit or miss.
Agreed. Electronic filing has helped but it's still dependent on people doing their jobs properly and promptly.
Exactly. And when there are mistakes it takes forever to get them corrected. The system just isn't designed for speed or convenience.
As someone who just went through this process, I'd recommend being more proactive with the bank. Call them every week and ask for a specific timeline - don't just accept "it's being processed." Also, make sure you have the original UCC-1 filing number handy when you call, as that helps them track it in their system. In my experience, mentioning that you need it for time-sensitive financing often gets better results than just asking generally about the status. The 30-60 day timeframe mentioned earlier is pretty standard, but you can definitely push for faster processing if you explain your situation clearly.
One final tip - keep documentation of when the debt was satisfied and any communication with the debtor about termination. If timing ever becomes an issue, you'll want that paper trail to show you acted appropriately.
Good advice. I always send a copy of the filed termination to the debtor too, even though it's not required. Shows good faith and prevents future questions.
As a newcomer to UCC filings, this thread has been incredibly helpful! I'm dealing with my first equipment loan payoff and was completely confused about the timing requirements. The distinction between consumer goods (automatic 20-day requirement) vs commercial equipment (demand-driven) makes so much sense now. I appreciate everyone sharing their practical experiences - sounds like filing promptly regardless of the legal minimum is the way to go. Quick question: when you say "written demand" from the debtor, does an email count or does it need to be a formal letter?
Great question! Email typically counts as "written demand" under UCC Article 9, but I'd recommend getting clarification from your legal team since some jurisdictions might be more conservative about what constitutes proper written notice. In practice, most lenders accept email demands, but having a paper trail with delivery confirmation never hurts. The key is that it's in writing and clearly requests the termination - doesn't matter if it's fancy letterhead or a simple email.
Just to summarize for the OP: written agreement signed by debtor, reasonable collateral description, explicit grant of security interest, and make absolutely sure the debtor name matches exactly between all documents. Those are your must-haves.
One thing I'd add that hasn't been mentioned yet - make sure you address what happens with proceeds from the sale of collateral. Including a proceeds clause in your security agreement ensures your security interest continues in whatever the debtor receives when they sell the original collateral (like accounts receivable from selling inventory). Standard language like "all proceeds of the foregoing collateral" can be crucial for maintaining your security interest as the collateral transforms.
The general "all proceeds" language is usually sufficient, but I like to be more specific when possible. Something like "all proceeds of the collateral, including but not limited to cash, accounts, chattel paper, instruments, and general intangibles" covers more bases. The UCC automatically gives you proceeds coverage to some extent, but explicit language in your security agreement makes your intent crystal clear and can help avoid disputes later.
Absolutely crucial point about proceeds! I've seen situations where lenders thought they were fully secured until the debtor started selling inventory and the proceeds went into general operating accounts. Without proper proceeds language, you can lose your security interest when the collateral changes form. This is especially important for inventory-heavy businesses where the collateral is constantly turning over.
Kylo Ren
This thread has been incredibly helpful. I'm definitely going to implement some kind of automated tracking system rather than relying on manual spreadsheets. The risk of missing continuation deadlines on large secured loans is just too high to leave to human error.
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Jay Lincoln
•If you decide to try Certana.ai, I'd recommend starting with your most critical filings first. Get comfortable with how it handles the document verification before rolling it out to your entire portfolio.
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Kylo Ren
•Good advice. I'll definitely start with a pilot program on our highest-value secured positions. Can't afford any learning curve mistakes on the big loans.
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Amelia Dietrich
Just wanted to add my experience from the banking side - we've found that creating a centralized UCC tracking database with automated alerts has been essential for managing our multi-state portfolio. Beyond just expiration dates, we also track filing fees by state since those can vary significantly and impact budgeting. One thing that's helped us is maintaining relationships with local counsel in each jurisdiction who can provide real-time updates on any procedural changes or system issues. The cost of having that expertise available is minimal compared to the potential loss from a missed continuation deadline.
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Javier Gomez
•That's a great point about filing fees varying by state - I hadn't considered the budgeting impact of that. The local counsel relationships sound valuable too. How do you typically structure those arrangements? Are they on retainer or do you engage them on an as-needed basis for UCC matters?
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Connor O'Brien
•Really appreciate the comprehensive approach you've outlined here. The point about tracking filing fees by state is something I hadn't fully considered - those variations can definitely add up across a large portfolio. I'm curious about your centralized database setup - did you build it in-house or use a third-party solution? Also wondering how you handle the automated alerts - are they tied to specific deadlines or do you have multiple reminder tiers like some others have mentioned?
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