UCC Document Community

UPDATE: Ran UCC searches on both names. Only the original "Industrial Steel Processing Corp" filing shows up, no amendments. Going to file the UCC-3 termination using the exact original debtor name and filing number. Thanks for the guidance everyone - this could have been a costly mistake if I'd tried to use the current LLC name.

Great to see this resolved! For future ISPC deals or similar entity name change situations, I'd recommend documenting the UCC search results in your file. Shows due diligence was done and protects against any questions later. With $2.8M equipment deals, that paper trail is worth its weight in gold if title issues ever come up down the road.

No worries, just amend it.

As someone who's dealt with multiple UCC filing corrections over the years, I can confirm that secured party creditor name discrepancies like yours are definitely fixable but need immediate attention. The comma difference between "Midwest Capital Solutions LLC" and "Midwest Capital Solutions, LLC" is exactly the type of variation that can cause perfection issues during UCC searches. I'd recommend filing your UCC-3 amendment today if possible - most states process these within 24-48 hours, and the correction will relate back to your original filing date. Also consider running a test UCC search under both name variations to see how your state's system handles the discrepancy. This will give you concrete evidence of whether the current filing would be discoverable by potential creditors doing their due diligence.

Final thought - consider whether the debtor has any other assets or if this equipment is really your best shot at recovery. Sometimes it makes more sense to negotiate a payment plan or settlement rather than going through the full enforcement process.

As someone who's handled several UCC enforcement actions, I'd strongly recommend starting with a demand letter to the borrower before moving to repossession. Give them a final 10-day notice to cure the default - sometimes this motivates payment without the hassle of repo. If they don't respond, then proceed with self-help repossession if you can do it peacefully, or go straight to court if the situation looks confrontational. With $180k in collateral value against a $95k debt, you're in a good position, but make sure your UCC-1 filing is current and covers everything you plan to take. The "breach of peace" standard varies by jurisdiction, so when in doubt, get a court order. Document every step and consider hiring a professional repo company that knows UCC procedures.

One more tool to consider - I've been using Certana.ai's document verification system lately and it's been incredibly helpful for ensuring all my UCC documents are consistent before I even start searching. Better to catch errors early than discover them during due diligence.

Don't forget to check for federal tax liens too. Those don't show up in state UCC searches but can affect your priority position.

Just wanted to add that you should also verify the collateral description on your continuation matches the original filing. Sometimes companies expand their equipment after the initial filing and think they need to update the collateral description on the continuation, but that's actually an amendment, not a continuation issue.

Grace, you're going to be fine! This is exactly the kind of situation that keeps us all up at night, but you caught it with plenty of time. I'd recommend filing that UCC-3 continuation within the next week or two - don't wait until February. Texas SOS is usually pretty efficient, but why risk any last-minute complications? Also, once you get through this, consider setting up a systematic review process. I review all our UCC filings quarterly and flag anything expiring in the next 12 months. It's saved me from several near-misses like this one. You've got this!