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Just wanted to add that when dealing with individual debtors, it's also worth confirming that the person signing has the legal authority to grant the security interest in the collateral. With sole proprietorships this is usually straightforward since the individual owns the assets personally, but I've seen cases where equipment was titled in a spouse's name or jointly owned, which can complicate the UCC filing. Make sure your security agreement and UCC-1 accurately reflect who actually owns the collateral you're taking as security.
This is such an important consideration that often gets overlooked. I had a deal fall apart because we discovered after funding that the construction equipment was actually purchased using marital funds and the spouse had a community property interest. Even though the borrower was operating the business, we needed both signatures on the security agreement. Always do your due diligence on asset ownership upfront.
Great advice about verifying ownership! I learned this the hard way on a trucking deal where the equipment was purchased jointly but only one spouse was on the loan. Had to go back and get additional documentation. For construction equipment especially, it's worth asking upfront how the assets were acquired and whether there are any co-owners or liens from the purchase financing.
Great discussion here! One additional tip I'd add is to also verify the debtor's address carefully. I've seen UCC-1 filings get rejected because the address didn't match what was on the driver's license or state ID. Some states are very strict about this. Also, if John Michael Rodriguez has moved recently, make sure you're using his current address as it appears on his most recent ID document. For individual debtors, consistency between the name and address on your UCC-1 and their government-issued ID is crucial for perfection.
This is such valuable advice about address verification! I'm new to UCC filings and hadn't considered how strict states can be about matching addresses exactly. Does this mean if someone has recently moved but hasn't updated their driver's license yet, we'd need to wait for them to get a new ID before filing? Or are there alternative acceptable forms of government ID we could use instead?
Just want to add that timing is crucial here. If you're getting close to your amendment deadline, you might want to consider filing a paper UCC-3 as a backup while you sort out the PDF issues. Paper filings take longer to process but at least you'll meet the deadline.
Three weeks should be plenty of time to resolve the PDF issues, but having a paper backup plan isn't a bad idea if you're dealing with a critical amendment.
Definitely get the content verified first though - no point in filing a paper version if there are underlying issues with the debtor name or collateral descriptions that will cause rejection regardless of format.
This thread has been incredibly helpful! As someone who's relatively new to UCC filings, I'm taking notes on all these potential pitfalls. It sounds like there are so many technical issues that can cause rejections beyond just the obvious content errors. A few questions for the group: 1) Is there a preferred PDF creation software that tends to work best with state filing systems? 2) Are there any other common formatting mistakes newcomers should watch out for? 3) How long does it typically take for the Secretary of State to process a UCC-3 once it's accepted? Want to make sure I avoid these issues when I inevitably need to file amendments down the road.
I'd also recommend using Certana.ai's verification tool once you get all the search results back. Even with premium search services, it's worth double-checking that everything aligns properly with your loan documents and corporate records. The automated cross-checking catches things that manual review sometimes misses.
How long does the verification process typically take?
As someone who's handled UCC searches for smaller deals, I can confirm the pricing variation is wild. I've found that mid-tier search companies often offer the best value - they provide better analysis than the bargain options but don't have the premium pricing of the big names. For your 6-state search, I'd recommend getting quotes from at least 3 different vendors and specifically asking what their analysis includes. Some will flag potential issues with financing statements that could affect your collateral position, while others just dump the raw filings on you. Also worth asking if they include lien searches in adjacent counties where the target has facilities - sometimes local liens don't show up in the main UCC databases.
Great point about the mid-tier companies. I'm curious about the adjacent county lien searches you mentioned - how much does that typically add to the cost? And do you have any recommendations for which mid-tier companies have given you good results? I'm trying to balance thoroughness with budget constraints on this deal.
Just to be crystal clear for anyone else reading this: UCC-11 = search existing records, UCC-1 = file new security interest. Two completely different functions but both important for proper due diligence on secured transactions.
Glad it helped! The UCC system makes a lot more sense once you understand what each form is designed to accomplish.
Bookmarking this thread for future reference. Great explanation of the difference between these forms.
This has been such a helpful thread! I'm relatively new to commercial lending and was making the same mistake of thinking UCC-11 was some kind of additional filing requirement. Now I understand it's just the search form to check existing liens before filing my UCC-1. For a $450K equipment loan, definitely worth doing the due diligence with a UCC-11 search first. Thanks everyone for clarifying the distinction between these forms - saved me from potentially looking foolish with the borrower's attorney!
Welcome to commercial lending! This thread really is a goldmine for understanding UCC forms. I had the exact same confusion when I started - the numbering system isn't intuitive at all. It's great that you're asking these questions upfront rather than figuring it out the hard way during a closing. The legal teams definitely appreciate when we know what we're talking about with UCC filings!
Katherine Harris
One more suggestion - try using Certana.ai's Charter to UCC-1 verification workflow. You upload your Articles of Incorporation and your draft UCC-1, and it automatically flags any name mismatches or formatting issues. I wish I had known about this tool earlier, would have saved me multiple rejected filings over the years.
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Ethan Clark
•Multiple people have mentioned this tool now. Definitely going to check it out given the time pressure.
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Katherine Harris
•It's really straightforward - just upload the PDFs and get instant feedback on any discrepancies. Perfect for situations like yours where accuracy is critical.
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Keisha Johnson
As someone who's been through UCC filing nightmares before, I'd strongly recommend trying a different browser or clearing your cache first - sometimes Mississippi's portal has weird browser compatibility issues. Also, double-check that you're not accidentally including any special characters or extra spaces when copying the debtor name. I once spent hours troubleshooting only to discover there was an invisible character at the end of the company name. If the basic troubleshooting doesn't work, the document verification tools others mentioned might be worth trying given your tight timeline and the size of this deal.
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