UCC Document Community

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When all else fails, you might need to file a UCC-3 amendment to correct the debtor name first, then file your continuation. It's an extra step and extra fees but sometimes that's the only way to get around these matching issues.

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That's actually not a bad backup plan if I can't get the continuation to go through with the current name. At least it would buy me some time to sort out the exact formatting issue.

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Just make sure if you go that route that you file the amendment before the original lien lapses. You can't amend a lapsed UCC-1.

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Quick update - finally got through to someone at California SOS and they told me the issue was that the original UCC-1 had the debtor name in ALL CAPS but I was filing the continuation in mixed case. Apparently their matching algorithm is case-sensitive! Re-filed with everything in caps and it went through immediately. Thanks everyone for the suggestions, especially about checking the actual filed document image rather than relying on my copies.

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This is exactly the kind of thing that automated document checking catches. Good reminder to always verify against the actual filed documents!

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Thanks for posting the resolution! This will definitely help someone else who runs into the same issue.

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West Virginia has some weird rules about fixture filings too if your equipment is going to be attached to real estate. Make sure you're not missing a fixture filing requirement that could affect your priority.

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Mobile equipment can still have fixture issues if it gets attached to customer facilities. Just something to keep in mind during the loan monitoring phase.

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This is why we always include language in our security agreements about notification if equipment becomes fixtures. Covers you if the debtor moves equipment to real estate later.

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Update us when you figure out what was causing the search issues! Always helpful to know what worked for future WV filings.

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Will do. Going to try the name variations suggested here and probably order certified results to be safe.

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Smart approach. Better to over-search than miss something that could affect your lien priority.

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I ran into a similar UCC 9-316 issue last year and ended up using one of those document verification services to make sure my refiling was done correctly. There are tools that can cross-check your original filing against the new state requirements to catch potential issues before they become problems. Worth looking into if you want to be extra careful with the Tennessee filing.

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Which service did you use? I want to make sure this Tennessee filing is bulletproof since I already messed up the timing.

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I used Certana.ai - you just upload your documents and it flags any inconsistencies or potential issues. Really helped catch things I would have missed.

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UCC 9-316 is one of those provisions that seems simple until you actually have to deal with it. Four months sounds like plenty of time until you realize you weren't even tracking the debtor's entity status. File in Tennessee this week and put systems in place to prevent this from happening again on future deals.

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Absolutely. This has been an expensive lesson but at least the debtor hasn't defaulted yet so I have time to clean things up.

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One thing to watch out for - make sure your new lender is searching correctly. We had a situation where the new bank was doing a sloppy UCC search and missing terminated liens. They kept saying there were active filings when there weren't. Sometimes the problem is on their end, not yours.

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Ask them to provide copies of their search results. If they can't show you specific UCC filing numbers and dates, they might not be doing thorough searches.

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Good point. A proper UCC search should show filing numbers, dates, and current status of each lien.

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Update us when you get this resolved! These california ucc financing lien situations are always learning experiences for the rest of us dealing with equipment financing.

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Will do! Hoping to get movement on this by next week. The suggestions about document verification and certified searches are really helpful.

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Definitely interested in hearing how it turns out. These kinds of lien clearance issues seem to be getting more common.

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Update us on how the legal challenge goes. I'm dealing with a potential lapse situation myself and curious how these disputes typically resolve.

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Will do. Meeting with our attorney next week to review all the filing records and see if we have any viable arguments.

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Hope you find something. UCC 9-515 cases are tough but not impossible if you can prove filing office errors.

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The harsh reality is that UCC 9-515 exists for a reason - to clear old filings and prevent perpetual liens. The system assumes lenders will track their own deadlines. Courts generally don't have much sympathy for missed continuations unless there's clear filing office error.

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The filing system isn't perfect, but the burden is on us to verify our filings. That's just the reality of secured transactions.

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Agreed. The UCC puts the risk on the secured party to maintain perfection. It's not the state's job to remind us about deadlines.

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