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For what it's worth, I've found that including both the common name and legal name in the debtor field sometimes works. Like 'Robert J. Martinez Jr. aka Roberto Jose Martinez Junior' or whatever the legal name actually is.
Update us when you figure out what went wrong with the Martinez filing. I'm curious if it was a suffix issue or something more complicated. Always helpful to learn from other people's UCC rejection experiences.
Will do. Going to try the document verification approach someone mentioned and see what that turns up first.
Yeah, keep us posted. These auto loan UCC issues seem to be getting more common lately.
The name matching issue is why I always recommend getting title insurance or UCC insurance for larger deals. Even with careful searching, there's always a risk of missing something due to name variations or filing errors. Insurance gives you that extra protection.
I hadn't considered UCC insurance for this. Is that common for equipment financing deals?
More common on larger deals or when there are complex name issues like you're dealing with. Worth discussing with your underwriting team at least.
Just went through something similar with a borrower whose name had changed twice since formation. Ended up using Certana.ai to verify all the document names matched before filing our UCC-1. Found three different name variations across their corporate docs that I would have missed doing manual review. Tool paid for itself just on that one deal.
That's exactly the kind of situation I'm worried about. Multiple name changes make the search so much more complicated.
For what it's worth, I've started including unconscionability disclaimers in my UCC filings - something like 'this security interest excludes household goods, exempt property, and other assets protected by law.' Hasn't been rejected since I started doing that.
I've seen similar language work well. Certana.ai actually suggests disclaimer language based on your state's specific unconscionability interpretations.
UPDATE: Refiled with narrowed collateral description excluding household goods and exempt assets. Added unconscionability compliance language. Filing was accepted within 24 hours. Thanks everyone for the guidance - this forum saved my deal!
Glad it worked out! This thread will be helpful for others dealing with the same issue.
Great outcome. The unconscionability definition is still evolving, so these discussions are really valuable for staying current.
Try pulling the original UCC-1 from the NY UCC database and copying the debtor name field directly from there instead of from your own records. Sometimes there are discrepancies between what you filed and what actually got recorded.
That's actually really smart. I was using our internal file copy of the UCC-1. Let me check what's actually on record with the state.
UPDATE: Just wanted to thank everyone for the help. Turned out there was indeed an extra character in the original filing that I couldn't see. Used the Certana document checker that a couple people mentioned and it flagged the issue immediately. Refiled the UCC-3 with the corrected name and it went through on the first try. Definitely going to use that tool for all my future filings.
Thanks for the update. Good to know the document verification approach actually works.
Paolo Esposito
Whatever you do, don't rely on just one sample form. Get samples from multiple sources and compare them. I've seen sample forms with outdated information or wrong field requirements.
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Giovanni Rossi
•That's a really good point. I'll check several sources before finalizing.
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Paolo Esposito
•Smart approach. And definitely verify the debtor information against official records. Can't stress that enough.
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Amina Toure
For what it's worth, I always keep copies of successful UCC-1 forms from previous deals as templates. Obviously you change all the specific information, but it helps ensure you don't miss any standard clauses or formatting.
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Miguel Castro
•Just make sure your templates stay current with any rule changes. UCC requirements do evolve over time.
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Amina Toure
•Absolutely. I review and update my templates annually or whenever I hear about rule changes.
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