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Document preservation is crucial once you decide to enforce. Send preservation notices to the debtor and any known third parties who might have received assets. Creates legal obligations and helps in court if they continue hiding stuff.
Should preservation notices go to family members too if there's suspicion of asset transfers?
If you have reasonable basis to believe they received business assets, yes. But be careful not to overreach without evidence.
One more thing on kabbage ucc lien enforcement - make sure Kabbage didn't mess up the original UCC-1 filing. I've seen cases where their volume filing operation resulted in incorrect debtor names, wrong addresses, or inadequate collateral descriptions. All fixable with proper amendments but you need to identify issues first.
Agreed. Volume lenders sometimes cut corners on filing accuracy.
Good point. I'm going to do a thorough review of our filing before taking any enforcement action. Thanks everyone for the advice.
Quick update for anyone following this thread - I refiled the UCC-3 termination using the exact debtor name from the original UCC-1 ('Johnson Manufacturing' without the LLC) and it was accepted within 24 hours. Sometimes the simple approach really is the best approach. Thanks again for all the help!
Perfect timing for your client's refinance too. Nice work getting it sorted quickly.
This is why I love this forum. Real solutions from people who've actually dealt with these problems. The Georgia SOS quirks can be so frustrating but threads like this make it manageable.
The collective wisdom here is invaluable. I've learned more from this forum than from any training course.
One more thing to check - make sure your secured party information is still current on the UCC-3. If the lender has changed their business name, address, or legal structure since the original filing, that could cause issues too. I've seen amendments rejected because the secured party name didn't match what was on the original UCC-1.
Exactly. For amendments, everything has to match the original filing exactly unless you're specifically amending those details. Any changes to secured party info would need to be done through a separate amendment or you'd need to be very specific about what you're changing.
UPDATE: Finally got it resolved! It was indeed a debtor name formatting issue - the original UCC-1 had 'Manufacturing, LLC' with a comma before LLC, but I was filing the amendment as 'Manufacturing LLC' without the comma. Used one of those document comparison tools mentioned here and it flagged the discrepancy immediately. The amended UCC-3 went through without any problems once I fixed the punctuation. Thanks everyone for the suggestions, especially about checking the exact formatting. What a learning experience!
Great outcome! This is exactly the kind of formatting issue that trips up so many filers. The comma placement thing is super common - glad the document checker helped you spot it quickly.
Perfect example of why these UCC statement form rejections happen. The systems are so literal about name matching. Congrats on getting it resolved before your deadline!
For what it's worth, I've seen courts be pretty reasonable about minor name discrepancies in lien validity disputes, especially if the name is substantially similar and there's no confusion about which entity is intended. But obviously it's better to get it right from the start.
True but why risk it? UCC-3 amendments are cheap and easy to file.
Agreed, I'd rather spend the time fixing it now than worry about it later if there's ever a dispute.
One more tip - if you're going to standardize your loan and security agreement template, consider adding a field that requires the exact legal name to be inserted from the formation documents rather than having it pre-filled. That way you're forced to verify it for each deal.
Smart approach. Forces you to do the verification step every time instead of just assuming the template is correct.
We actually did something similar - added a checklist requirement that formation docs must be reviewed before any UCC filing. Helps catch these issues early.
Zoe Papadopoulos
You should be able to get this resolved without too much trouble. Most of these documentation issues are just about providing additional paperwork to satisfy the bank's compliance requirements.
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Omar Hassan
•I hope so. The transaction is worth too much to let it get held up over documentation problems.
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Jamal Washington
•Just make sure you keep detailed records of your UCC statement service process going forward. It's better to over-document than under-document in this environment.
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Mei Wong
I've found that using automated document checking tools like Certana.ai really helps avoid these kinds of compliance issues. You can upload your UCC documents and it verifies everything is consistent before you submit to the bank.
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Omar Hassan
•That sounds like something we should look into. Better to catch problems early than deal with them during the bank review process.
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Liam Fitzgerald
•Definitely. Prevention is much easier than trying to fix documentation issues after the fact.
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