


Ask the community...
Bottom line: if your UCC-1 is filed correctly and your security agreement is valid, their UCC 1-308 posturing is just theater. Focus on keeping your filings current and let them waste their time on irrelevant legal theories.
I've dealt with this exact scenario multiple times in my practice. The key point everyone's making is correct - UCC 1-308 is about contract performance under reservation of rights, not about UCC filing validity. What I usually tell clients is to treat this as two separate issues: (1) your security interest and lien perfection, which stands or falls based on your UCC filings and security agreement, and (2) any contract disputes the debtor wants to raise. The debtor can invoke 1-308 all they want, but it won't invalidate a properly perfected security interest. I'd recommend having your attorney send them a brief response explaining that their 1-308 reservation doesn't affect your lien position, just to create a clear record. Then focus on making sure your continuation filing is timely and accurate.
This is exactly the approach I'd recommend too. Having that clear written record from your attorney will be valuable if this escalates later. It also shows you're taking their concerns seriously while maintaining your legal position. One thing I'd add is to make sure you're documenting the timeline of all their UCC 1-308 communications - if they're trying to claim they reserved rights from the beginning, you want to be able to show when these objections actually started relative to when they accepted the financing.
This thread is really helpful! I have a Cross River Bank deal coming up next week and now I know to verify the debtor name independently. Thanks for sharing your experience with this rejection.
I've dealt with this exact scenario multiple times with Cross River Bank filings. The punctuation issue is unfortunately very common - I've seen rejections for missing commas, periods after "Inc", and even extra spaces in entity names. What I've learned is to always pull the debtor name directly from the Delaware Division of Corporations database and copy it character-for-character, including all punctuation marks. Their search function will show you the exact legal name as filed. For your situation with "ABC Manufacturing Solutions, LLC" vs "ABC Manufacturing Solutions LLC", definitely go with the comma version since that's what Delaware has on file. I'd recommend filing a corrected UCC-1 rather than an amendment - it's faster and cleaner for the record. Also, pro tip: screenshot the entity search results from the state database and keep it in your file as documentation of the correct name format in case there are any questions later.
Just to close the loop on this - I ended up filing with just the tangible collateral description (equipment and inventory) and ignored the copyright notice language completely. The filing was accepted without any issues. Thanks everyone for the guidance!
Great to see this resolved successfully! This is exactly the kind of practical guidance that makes this community so valuable. For anyone else dealing with similar issues, I'd recommend creating a simple checklist: 1) Verify debtor name against state records, 2) Extract collateral description from the security agreement's actual collateral section (not the boilerplate), 3) Double-check secured party info. Everything else is usually just legal fluff that doesn't affect the UCC filing requirements.
This checklist approach is really helpful! I'm new to UCC filings and was getting overwhelmed by all the different clauses in security agreements. Breaking it down to those three basic steps makes it much more manageable. Do you have any other tips for newcomers trying to distinguish between what matters for the filing versus what's just protective language?
Just remove those codes entirely from your continuation forms. I guarantee they're not real UCC requirements - they're just software artifacts that are screwing up your filings.
I've dealt with this exact issue before and it's definitely a software problem, not a UCC requirement issue. Those reference codes (1-308-1 and 1308-103) aren't valid UCC section numbers - they look like internal tracking codes that your compliance software is incorrectly treating as mandatory filing data. The actual UCC sections use a completely different numbering system (like 9-515 for continuation statements). I'd recommend manually removing those auto-populated fields from your UCC-3 forms before resubmitting. Your continuation should only include the original filing number, exact debtor information as it appears on the UCC-1, and the continuation statement itself. Nothing more. This should clear up the rejections you're seeing across multiple states.
Mei Liu
UPDATE: Finally got through to Tesla's secured transactions department. They confirmed the UCC-3 was filed last week but with a typo in my name. They're filing an amended termination this week. Thanks everyone for the advice, especially about Certana - I'm going to use that to verify everything matches up correctly this time.
0 coins
Diego Vargas
•Good call on using Certana to double-check. Better to catch any remaining issues now than discover them later when you need clean title.
0 coins
Anastasia Popov
•Exactly what I was hoping the Certana suggestion would help with. Their name-matching verification is really thorough.
0 coins
Giovanni Mancini
This whole thread has been really eye-opening about Tesla's UCC release issues. I'm dealing with a similar situation with my Model S - paid it off 7 weeks ago and still no UCC-3 termination showing up. Based on what everyone's shared here, it sounds like I need to: 1) Call Tesla's secured transactions department directly instead of regular customer service, 2) Get a satisfaction letter even if the UCC-3 isn't filed yet, 3) Check if they filed in a different state, and 4) Consider using Certana.ai to verify everything matches up properly. Really appreciate all the specific advice - Tesla's customer service has been useless but this gives me a clear action plan to follow.
0 coins
Oliver Schulz
•Great summary of all the advice! I'd also suggest asking Tesla's secured transactions department for their internal tracking number when they file the UCC-3. That way you can reference it if you need to call back about delays or errors. In my experience, having that specific tracking number gets you transferred to someone who actually knows what's going on instead of getting the runaround from general customer service.
0 coins
The Boss
•Excellent plan! I'd also recommend setting a calendar reminder to check back in 2-3 weeks if you don't see the UCC-3 termination by then. Tesla seems to "forget" about these filings sometimes, and following up proactively can save you from discovering problems later when you're in a time crunch. Also, when you do get the UCC-3 filed, make sure to download and save copies from the Secretary of State portal - I've seen cases where filings mysteriously disappear from online systems during maintenance or updates.
0 coins