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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.
Manufacturing equipment deals can be super complex. I always create a spreadsheet tracking all the entity names across every document.
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.
Seems like a lot of people are using this tool now. Might be worth checking out if you do regular UCC filings.
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.
This is so frustrating but unfortunately super common with trust filings. The good news is that once you fix your trust security agreement template to have consistent debtor naming, this problem goes away. Just make sure whatever format you choose works in all the states where you file UCCs.
Yeah, we're definitely going to standardize everything going forward. Just need to figure out the best approach for cleaning up the current mess.
I'd recommend working with your legal team to create a standard trust debtor identification format and then using that consistently in both your security agreements and UCC filings.
Been following this thread and wanted to add that we went through something similar last year. Our solution was to create separate template versions for different trust structures (individual trustee vs corporate trustee vs successor trustee situations) and then train our staff on which template to use when. Also started using automated document checking which has been a lifesaver.
Which automated tool are you using? We're looking at options for document verification.
We use Certana.ai - you just upload your security agreement and UCC forms and it flags any inconsistencies. Works great for trust documents.
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.
One more thing - when you refile, make sure the UCC-1 collateral description matches how the equipment is described in your loan agreement. I've seen cases where the collateral description was too vague and caused perfection issues later.
Update us when you get it resolved! Always good to hear success stories for future reference.
Will do! Thanks everyone for the help. Feeling much more confident about getting this sorted out.
Liam Mendez
Why not just create your own template in Word and export to PDF? That way you control the formatting and can make sure it's clean.
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Luca Esposito
•Plus you run the risk of missing required fields or using the wrong form version. The official forms at least guarantee you have all the right elements.
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Liam Mendez
•Fair point. I guess I've been lucky with the states I file in - they seem more forgiving about minor formatting variations.
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Sophia Nguyen
Update us when you find a solution that works reliably. This is such a common problem but there's no good centralized resource for which fillable forms actually function properly in each state.
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Sean O'Donnell
•Will do. Going to try the IACA forms mentioned earlier and maybe test out one of these document verification tools. Can't afford another rejection with this client breathing down my neck.
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Zara Ahmed
•Good luck! The UCC filing game is frustrating but once you find a system that works you can usually stick with it for a while.
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