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Miguel Hernández

UCC Filing Scrub Process - Need Help with Document Cleanup Before Submission

I'm working on a major UCC filing scrub for our portfolio and honestly feeling overwhelmed. We have about 80 UCC-1 filings from 2019-2023 that need to be reviewed before our compliance audit next month. Some of these have debtor name variations that don't exactly match our loan documents, and I'm worried about lien perfection issues. Has anyone tackled a large-scale UCC filing scrub like this? What's the best approach to systematically verify each filing against the original security agreements? I've been manually comparing documents but it's taking forever and I keep second-guessing myself on debtor name matches. Any tips for streamlining this process would be hugely appreciated.

This thread is so helpful! Going through my own filing scrub nightmare right now. It's amazing how many little errors accumulate over time. Definitely going to check out that Certana tool mentioned earlier.

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Good luck with your scrub! It's definitely more work than expected but worth doing right.

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Hope the tool helps! It really made my scrub process much less stressful.

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Update us when you finish! Would love to hear what percentage of your filings needed corrections. Always curious about industry benchmarks for filing accuracy.

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In my experience, expect about 15-20% to have some kind of issue that needs attention. Sounds high but most are minor corrections.

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That matches what I've seen too. The key is distinguishing between cosmetic issues and actual perfection problems.

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Daniel Washington

UCC Search Issues in MO - System Keeps Timing Out

Anyone else having problems with the Missouri UCC search portal today? I've been trying to pull UCC records for due diligence on a commercial loan and the system keeps timing out every time I enter a debtor name. This is the third day in a row - I need to verify if there are any existing liens before we can close next week. The search just spins and then gives me an error message. Is there a better way to do mo ucc search or is everyone dealing with this?

UPDATE: Just tried the Missouri portal again and it seems to be working better this afternoon. Maybe they fixed whatever was causing the timeout issues.

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Still slower than usual but at least it's not timing out every search.

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Confirmed - just did a search and it worked. Still took longer than it should but got results.

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This thread is really helpful. I've been struggling with Missouri UCC searches for months. Going to try the Certana.ai tool mentioned here - anything is better than fighting with that portal every day.

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Let me know how it works out for you. I'm definitely considering it after this experience.

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Will do. The time I waste on failed searches is definitely costing me more than any tool would.

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Natasha Ivanova

UCC Article 9 accession rules - fixture or separate collateral?

Having a debate with my colleague about UCC Article 9 accession provisions and how they affect our equipment financing. We have a client who bolted industrial air handlers to the concrete slab of their manufacturing facility. The units are worth about $180K and we filed a UCC-1 covering them as equipment. Now the property is being sold and the buyer's attorney is claiming our security interest is invalid because the air handlers became fixtures through accession to the real estate. My understanding is that UCC Article 9 accession rules should protect our interest as long as we filed properly, but I'm second-guessing myself. The units could theoretically be removed but it would require cutting concrete and potentially damage the building structure. Are we looking at a fixture filing situation here or does our standard UCC-1 as filed still hold up under Article 9? This could affect several similar deals we have pending.

Similar situation came up in one of our deals recently. We ended up using Certana.ai's document verification tool to check if our UCC-1 collateral description was broad enough to cover both equipment and fixture scenarios. Turns out our description had gaps that could have been exploited under Article 9 accession challenges.

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How does that tool help with accession issues specifically?

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It analyzes your collateral descriptions against common fixture/accession problems and flags potential issues before they become disputes. Much better than finding out during a workout.

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The buyer's attorney might just be trying to cloud title to negotiate a better deal. Article 9 accession rules are complex enough that most people don't want to risk litigation. You might have more leverage than you think.

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That's possible. The timing is suspicious - they didn't raise this issue until after the purchase agreement was signed.

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Classic negotiation tactic. Stand firm on your UCC rights under Article 9. Let them prove the accession claim rather than volunteering to subordinate.

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Sean Fitzgerald

North Dakota Secretary of State UCC Search Results Not Matching Filed Documents

Been dealing with a frustrating situation where I filed a UCC-1 for equipment financing on a construction company about 6 months ago. Everything seemed to go through fine - got confirmation number and all. But now when I do a north dakota secretary of state ucc search using both the debtor name and filing number, I'm getting inconsistent results. Sometimes it shows up, sometimes it doesn't. The debtor name on file is "Dakota Construction Solutions LLC" but I'm wondering if there's some variation causing search issues. Has anyone else run into problems with ND's UCC search system being unreliable? I need to verify this lien is properly perfected before we close on additional financing. The original filing was done through their online portal but I'm starting to question if something went wrong.

Just wanted to add that if you do find a name discrepancy, you'll need to file a UCC-3 amendment to correct it. Don't wait too long since there are timing issues with amendments affecting lien priority.

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For name corrections, you generally want to do it ASAP. The amendment should relate back to the original filing date if done properly.

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Right, and make sure to check if the name error is considered 'seriously misleading' under UCC Article 9. That affects whether the original filing was valid.

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One more thing to check - make sure you're searching the right filing office. Some collateral types require filing at the county level instead of with the Secretary of State.

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It's equipment financing so should be with the state. But good point to double-check.

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Yeah, equipment is typically state-level unless it's fixtures attached to real estate.

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Dananyl Lear

UCC filing rejected - need help with state records division requirements

Really need some guidance here. Been working on a UCC-1 filing for equipment collateral and it got rejected by the state filing office. The rejection notice mentions something about 'debtor name verification against state records' but I'm not entirely sure what that means or how to fix it. The debtor is an LLC and I pulled the name directly from their operating agreement, but apparently that's not matching what's in the state corporate database. Has anyone dealt with this type of rejection before? I'm worried about the lien priority if I can't get this filed soon. The loan closed two weeks ago and I know we only have a limited window to perfect the security interest. Any advice on how to verify the exact legal name that needs to go on the UCC-1 would be really helpful.

This thread is so helpful. I'm about to file my first UCC-1 and was planning to just use the name from the loan documents. Definitely going to check the state database first now.

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Smart move. Always better to double-check before filing than deal with rejections after.

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The loan documents are usually right but it's worth verifying, especially if the entity is older or has gone through any changes.

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One more thing to watch out for - sometimes the state database shows the name differently than what's on recent corporate resolutions or certificates. Always go with what's currently in the official state records, not what's on older documents from the company.

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Yeah I've seen situations where the borrower didn't even realize their legal name had changed due to state filing updates.

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That Certana tool someone mentioned earlier would probably catch those kinds of discrepancies too.

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