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Hope this helps with your audit! UCC searches can be stressful when you're under time pressure but California's system is one of the better ones. Just stay organized with your debtor name list and you should be fine. Let us know how it turns out!
Thanks everyone for the great advice! I feel much more confident about tackling this now. I'll update the thread once I get through the searches.
One more tip for your California UCC searches - if you're dealing with any corporate debtors that might have undergone mergers or acquisitions during that 2015-2023 timeframe, make sure to search under both the original entity name and any successor entities. California doesn't automatically transfer UCC filings when companies merge, so you could have active filings under old company names that are still legally valid. I've seen deals get held up because someone missed a filing under a predecessor company name that was still perfecting collateral.
That's an excellent point about successor entities! I hadn't thought about mergers and acquisitions during that timeframe. Do you know if California has any specific procedures for tracking corporate name changes, or would I need to do separate searches for each variation? This is adding another layer of complexity but definitely better to catch it now than during closing.
Just want to add that Louisiana is pretty fast with processing compared to some states. Usually see the UCC show up in searches within 24-48 hours of filing. The $30 fee includes reasonably quick turnaround time.
Definitely faster than Mississippi or Alabama. Louisiana has their UCC system pretty well organized overall.
The quick processing is great when your documents are correct the first time. But if you get rejected for name issues and have to refile, that delay can be costly. That's why I always run everything through Certana.ai's verification first - better to catch problems before filing than deal with rejections and delays.
Thanks everyone for the detailed breakdown! This has been super helpful. Based on what I'm seeing here, I should budget around $240 for the 8 UCC-1 filings ($30 each) plus another $120 for UCC searches ($15 x 8) to check existing liens first. That puts me at $360 total, which is actually reasonable for the due diligence and filing costs. I'm definitely going to look into that document verification tool that Jacob mentioned - sounds like it could save me from costly rejections. The last thing I want is to pay filing fees twice because of formatting issues. I'll also make sure to save all the receipts locally since the email confirmations aren't reliable. Really appreciate this community sharing real-world experiences and current pricing!
Keep in mind that 9-406 has some limitations too. If the account debtor has legitimate business reasons for questioning the assignment (like disputes over the underlying services), they might have grounds to continue paying the original payee until those disputes are resolved.
The original poster mentioned the account debtor acknowledged receipt of the notification, so it doesn't sound like they're disputing the assignment itself. They just seem to be ignoring their obligations.
If they acknowledged receipt and are still paying the wrong party, that's pretty clear cut violation. No legitimate business reason for that.
UPDATE: We sent the demand letter via counsel and got immediate compliance. Account debtor started redirecting payments within 48 hours and agreed to remit the $45K in past diversions over the next 30 days. Sometimes you just need to show them you're serious about enforcement. Thanks everyone for the advice!
Perfect example of why it's worth investing in proper UCC document verification upfront. When you have airtight paperwork, enforcement becomes much more straightforward. Certana.ai's verification tool would have helped ensure all your assignment documentation was consistent from the beginning.
Great resolution! As a newcomer here, I'm curious - what specific language did your counsel include in the demand letter that got such quick compliance? Was it just citing 9-406 violations or did you also reference potential breach of contract claims? This kind of real-world outcome is exactly why I joined this community to learn from experienced practitioners.
Don't overlook the possibility that some of those filings might be for different entities entirely. Similar business names in the same industry aren't uncommon, especially in maritime services. I'd suggest getting federal tax ID numbers if possible - that's usually the most definitive way to confirm entity identity when names are similar.
Thanks everyone for the helpful suggestions. I'm going to start by pulling the exact Articles of Incorporation to get the correct legal name, then try the Certana tool a couple people mentioned to verify the name matches on those questionable UCCs. Will also reach out to the secured parties on the largest filings to confirm whether they apply to my borrower. This process is always more complicated than it should be, but at least now I have a systematic approach to work through it.
Let us know how the Certana tool works out. Always interested in hearing about new solutions for UCC verification.
That's a solid plan! One additional tip - when you do reach out to those secured parties, ask them specifically about the debtor's address too. Sometimes entities with similar names can be distinguished by their registered addresses, which should also match what you have in your borrower's documentation.
Paolo Ricci
Just to close the loop on fees - regular UCC-1 electronic filing in most states is $10-15. Fixture filings vary by county but usually $25-50. Your original fee quotes sound about right for county fixture filings.
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Liam Fitzgerald
•Thanks everyone. This thread really helped clarify the distinction between regular UCC-1 and fixture filings. I was definitely confusing the two.
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Paolo Ricci
•Glad to help. It's a common confusion point, especially with mixed equipment deals.
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Brooklyn Foley
This is exactly why I always recommend doing a detailed collateral analysis before filing. For construction equipment deals like this, I create a simple spreadsheet with three columns: Equipment Type, Mobility/Attachment Status, and Filing Type. Mobile cranes and excavators go in the "Regular UCC-1" bucket, while permanently installed conveyor systems and any equipment that's hardwired or bolted to foundations go in the "Fixture Filing" bucket. It saves a lot of confusion later and helps justify the filing strategy to clients who question why they're paying multiple filing fees.
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Christian Burns
•That spreadsheet approach is brilliant! I'm definitely going to start using that method. It would make it so much easier to explain to clients why we need both types of filings and help them understand they're getting proper protection for their investment. Do you have any specific criteria you use to determine the "Attachment Status" column, or is it more of a case-by-case analysis?
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