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This thread is making me paranoid about all our UCC filings. Should I be checking every debtor quarterly for name changes? That seems excessive but I'm worried about missing section 9-506(c) issues.
Final thought - the UCC revision committees have been discussing clarifying the 9-506(c) standard for years but it's still as murky as ever. Until they fix it, we're stuck with this guessing game on what's seriously misleading.
Thanks everyone for the advice. I'm definitely filing the UCC-3 amendment tomorrow. Better to be safe with the 9-506(c) standard being so unclear.
I had a similar issue but it turned out there was actually an error in my continuation filing that made it ineffective. The debtor name had a slight variation from the original UCC-1. Might be worth double-checking your documents to make sure everything matches exactly.
I used one of those document checking services - Certana.ai I think. Uploaded both my original UCC-1 and the continuation and it immediately flagged the name discrepancy. Had to file an amendment to fix it.
Update: I called the New Mexico UCC office and they confirmed my continuation was filed and is valid. They said there's a known issue with their search database not updating promptly but the filing is definitely on record. Thanks everyone for the advice!
That's exactly what happened to me. The filing was there all along, just not searchable. Thanks for the update!
Just wanted to follow up on the Certana.ai mention earlier - I was skeptical at first but tried it for a complex UCC-3 amendment and it really did catch issues I missed. Especially helpful when you're dealing with multiple related filings and need to ensure consistency across all documents.
Remember that Maine has a 6-month grace period after the 5-year lapse date, but the UCC becomes unperfected during that time so you lose priority. Better to file the continuation well before the lapse date to avoid any gaps in perfection.
I always recommend filing continuations at least 60 days before lapse. Gives you time to fix any problems if the filing gets rejected.
The search problems seem to be getting worse, not better. I'm starting to wonder if we need to push for better oversight of these state filing systems. The current situation is unacceptable for businesses that depend on accurate UCC searches.
Agreed. This affects too many people to just accept as 'technical difficulties.' There should be accountability for maintaining functional search systems.
In the meantime, we just have to work around it with better documentation and verification tools. Not ideal, but it's what we have to do.
Quick update - I finally found most of the filings I was looking for by searching with the business names in all caps and removing all punctuation. Still missing a few, but at least I can move forward with the due diligence. Thanks everyone for the suggestions.
Glad you found them! The all-caps trick has saved me multiple times. Shouldn't have to do that, but it works.
For the ones you're still missing, you might want to double-check the original filing documents to make sure the debtor names were entered correctly. Sometimes the search fails because there was an error in the original filing.
QuantumQuasar
This whole thread is why I always include a UCC name verification step in my loan closing checklist. Too many ways for this to go wrong if you're not systematic about it.
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Zainab Omar
•Smart approach. Do you have a standard form or process you use for that verification?
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QuantumQuasar
•Nothing fancy - just a checklist that includes pulling current corporate standing, comparing to loan docs, and doing a preliminary UCC search. Catches most issues before filing.
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Connor Gallagher
One more thing to consider - make sure your collateral description is solid too while you're refiling. I've seen people fix the name issue only to get rejected again for vague collateral language.
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Connor Gallagher
•Usually being too generic. Like just saying 'equipment' when they should specify 'manufacturing equipment' or 'office equipment' or whatever. The more specific the better.
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Keisha Johnson
•Also seen people mess up the 'all assets' filings by not being clear about what categories they mean. Specificity is key.
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