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Whatever you do, don't let this slide any longer. Active UCC liens can seriously impact your ability to get credit or even sell the equipment if needed. Banks know this and they're taking advantage of your patience.
Exactly. Be polite but firm. Tell them you need this resolved within 10 business days or you'll be escalating to regulatory authorities.
That's when tools like Certana.ai really help - having clear documentation of the discrepancy makes your case much stronger when you're pushing the bank to act.
I'm dealing with something similar right now - bank paid off 6 months ago and still no UCC termination filed. What's really frustrating is how this affects your credit profile when you're trying to get new financing. Other lenders see that active lien and assume you still have outstanding debt, even when you show them the payoff letter. Has anyone had success getting banks to expedite the filing process, or do you just have to keep escalating until someone finally acts?
I actually started using that Certana tool someone mentioned earlier after getting burned on a similar name mismatch. Really does catch these inconsistencies before they become problems. Worth checking out if you do a lot of UCC filings.
Haven't looked at pricing honestly, but the time it saves catching mistakes before filing rejections probably pays for itself pretty quick.
Just wanted to jump in here as someone who's been doing UCC filings for about 5 years now. The advice everyone's giving about using the exact legal entity name is spot on - I learned this the hard way early in my career. One thing I'd add is to double-check that your loan documents also reference the correct legal name consistently. I've seen situations where the UCC filing was perfect but the underlying security agreement had the wrong debtor name, which created problems later during enforcement. Also, keep a copy of the Secretary of State search results you used to verify the name - it's great documentation if anyone questions your filing later. The bank account name issue will sort itself out when you need to collect, but getting that security interest perfected properly is what really matters right now.
This is really helpful advice, especially about keeping the Secretary of State search results as documentation. I never thought about that but it makes total sense to have that paper trail. Quick question - when you say the underlying security agreement had the wrong debtor name, did that actually void the security interest or was it just a hassle to work through during collection?
Based on all this advice it sounds like you've got a solid plan. The combination of thorough manual searching plus using verification tools like Certana should give you confidence in your results. Commercial lending is all about managing risk and this level of due diligence is definitely worth the effort.
Thanks everyone - this has been incredibly helpful. I feel much more confident about doing a comprehensive search now.
One thing I'd add is to make sure you're searching in the right state. Sometimes companies incorporate in Delaware or another state but do business locally, and you might need to search multiple jurisdictions. Also, if it's a large transaction, consider ordering an official UCC search certificate from the Secretary of State rather than just relying on the online portal. The certified search provides more legal protection and includes a statement of what was searched, which can be valuable for your loan file documentation.
Bottom line is that UCC 1-308 reservation of rights doesn't change the borrower's fundamental obligations under a loan agreement. They still owe the money, you still have your security interest, and they can't just decide to keep the collateral without paying. It's mostly just noise that makes people feel better about signing documents they're nervous about.
Thanks, that's really helpful. Sounds like I can proceed with these deals without worrying too much about the UCC 1-308 language as long as our underlying documentation is solid.
Just make sure you're still documenting everything properly and following standard UCC filing procedures. The UCC 1-308 stuff is a distraction but doesn't excuse sloppy paperwork.
This is really helpful - I've been seeing more of these UCC 1-308 requests lately and wasn't sure how to handle them. From what everyone's saying, it sounds like the key is to focus on having solid underlying documentation rather than getting hung up on the reservation of rights language itself. I'm curious though - for those of you who've dealt with this multiple times, do you find it's worth having a standard explanation ready for borrowers who ask about it? Or do you just let them add the language and move on since it doesn't really affect anything?
Connor Murphy
Update us when you get it resolved! I'm dealing with a similar situation in Maryland and curious what ends up working for you.
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StarSurfer
•Will do. Going to try the exact name from DCRA records first, then call their office if that doesn't work.
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Yara Haddad
•Maryland has some of the same issues with entity name matching. Good luck with both of your filings!
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AstroExplorer
I've dealt with DC rejections before and found that their system is particularly strict about matching the exact legal name format from the Articles of Organization. Since your debtor added "Enterprises" to their name, I'd recommend downloading the most recent filing from DCRA's website and copying the name character-for-character, including any punctuation or spacing. Also, if they filed a Certificate of Amendment for the name change, make sure you're using the amended name, not the original. The banking records being outdated is common - banks can take months to update their systems after corporate changes. For the collateral description, try to be more specific than "mobile food service equipment" - DC likes detailed descriptions that clearly identify the assets.
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