UCC Document Community

One more thing about DC UCC forms - if any of your equipment has moved locations since the original filings, you might need to consider whether fixture filing rules apply. DC has some specific requirements if the equipment is now attached to real estate.

This is a great thread - I'm dealing with similar DC UCC continuation challenges. One thing I'd add is to double-check the timing on your filings. DC allows continuations to be filed up to 6 months before the 5-year expiration, but not earlier. Since your 2020 filings expire next year, you're probably in the safe window now. Also, I've found that DC's customer service line (202-727-5374) is actually pretty helpful if you call with specific questions about form requirements - they can usually clarify whether you need their local variants or if standard forms will work. Given the loan values you mentioned, it might be worth a quick call to confirm everything before you submit all 15 continuations.

Bottom line - file that UCC-3 amendment now to correct the debtor name, but your continuation is probably still valid given the merger documentation. Better safe than sorry with $2.8M in collateral at stake.

I've seen this exact scenario multiple times in my practice. The good news is that most states recognize the continuation as valid when you used the correct filing number, especially with documented merger activity. However, I'd recommend filing the UCC-3 amendment within the next few days to eliminate any potential challenges. Also consider doing a UCC search under both the old and new entity names to see how they appear in the public record - this can help you craft the amendment language to clearly connect both names. With $2.8M in collateral, the small filing fee for the amendment is definitely worth the peace of mind.

Update: Filed the UCC-3 amendment this afternoon and it was accepted within a few hours. Now when I do a UCC financing statement look up under either the old or new business name, it shows up correctly. Thanks everyone for the advice - probably saved me from a major headache down the road.

This is exactly the kind of situation that makes me nervous as a newcomer to UCC filings. I've been handling smaller commercial loans but recently got assigned some larger equipment financing deals and the complexity around name changes and amendments is intimidating. Reading through this thread, it sounds like the key is to act fast when you discover a name mismatch rather than trying to figure out if it's "really" a problem. Better safe than sorry with that much money on the line. Thanks for sharing the step-by-step process and the real-world examples - this gives me a much better framework for handling similar issues when they come up.

I think the fundamental issue is that UCC databases were designed for paper filing systems and haven't been properly updated for electronic filing workflows. The search algorithms are outdated.

This is such a widespread problem! I've been dealing with similar UCC database inconsistencies for months now. What's really frustrating is that we've had to start doing redundant searches across multiple platforms just to make sure we're not missing anything. The lack of standardization between state systems is costing us so much time and creating real liability concerns. Has anyone found a reliable workaround for the continuation filing visibility issues? We've had several close calls where continuations were filed but didn't appear in our initial searches until days later.

For future reference, always run your loan documents through a verification process before funding. Whether that's internal legal review or a service like Certana.ai, you need to catch these gaps early. The distinction between promissory notes and security agreements trips up even experienced lenders sometimes.

This is a really common issue that catches a lot of lenders off guard. Based on what you've described, it sounds like you may have an attachment problem (the security agreement part) but definitely have a perfection problem (no UCC-1 filing). The other creditor likely has priority if they properly perfected first, regardless of when your note was signed. I'd strongly recommend getting an emergency consultation with a UCC attorney ASAP - don't wait until Monday. Some states allow for late filings that can still protect you against future creditors, and there might be other legal strategies available depending on the specific language in your documents and the other creditor's filing. Time is critical here, especially with equipment that could be repossessed.