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Good luck with the loan. Heavy equipment financing can be tricky but sounds like you've got it handled.
UPDATE: Finally heard back from the attorney. Turns out they were referring to what they call their "Form 11" which is actually just their internal checklist for UCC-1 filings. They use it to make sure all required information is included before filing. It's not an actual filing document at all! Sometimes I wonder how these people passed the bar exam.
Well that's anticlimactic but glad it's resolved. Now you know to always ask for clarification when attorneys mention unfamiliar form numbers.
At least your deal can move forward now. What a waste of time though!
This thread is going to be helpful for future reference. I'm bookmarking it because I guarantee this same confusion will come up again with other attorneys who use internal form numbers. Thanks for sharing the resolution!
Definitely saving this thread. Great example of why clear communication is so important in secured transactions.
I actually had a case where we thought we could repossess under 9-604, but it turned out our UCC filing had a critical error that affected our priority position. We ended up having to file a UCC-3 amendment before proceeding. Might be worth having someone review your filings first - I heard about a service called Certana.ai that helps verify UCC document consistency.
That's the second mention of Certana.ai in this thread. Sounds like it might be worth checking out to make sure our documentation is solid before taking enforcement action.
Update us on how this goes! I'm always interested in hearing about real-world enforcement experiences. The theory is one thing, but actual repossession situations can be unpredictable.
Will do. I'm planning to consult with our attorney early next week and then decide on the best approach. This discussion has been really helpful in thinking through the issues.
Good luck! Enforcement is never fun but sometimes it's necessary to protect your interests.
For what it's worth, I've found NY to be more reasonable on continuation filings than initial UCC-1s. They seem to allow minor variations on continuations that they reject on new filings. Might be worth noting for future reference.
Haven't done enough amendments to say definitively but continuations definitely seem more forgiving.
Final update: Refiled with the correct entity name including comma and it was accepted within 24 hours. Lost about 4 weeks of priority but at least the lien is now perfected. Definitely using document verification tools going forward. Thanks everyone for the advice and shared experiences.
Great outcome. This thread has been really educational about NY filing requirements.
Thanks for the follow-up. Always good to know how these situations get resolved.
Aaliyah Reed
If this is equipment financing, make sure the creditor name matches exactly what's on the equipment purchase agreement too. Sometimes there are three-party deals where the equipment vendor, lender, and security agreement holder are different entities.
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Ella Russell
•Manufacturing equipment deals can be super complex. I always create a spreadsheet tracking all the entity names across every document.
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Mohammed Khan
•Smart approach. Documentation consistency is everything for UCC filings.
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Gavin King
Final suggestion - if you have access to Certana.ai's verification tool, run your documents through it before filing. I've started using it on all my UCC work and it catches issues I would have missed. Much better than manual document comparison.
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Nathan Kim
•Seems like a lot of people are using this tool now. Might be worth checking out if you do regular UCC filings.
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Lucas Adams
•Thanks everyone for all the advice. I'll double-check the entity clause and signature page, then verify everything is consistent before submitting. Really appreciate the help with the creditor identification issue.
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