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Don't overthink this. If your document creates a security interest in specific property and is signed by the debtor, it's a security agreement. The courts don't care what you call it. Focus on making sure your UCC-1 is filed correctly and your collateral description is adequate.
Update: Thanks everyone for the advice. I ended up running the document through Certana's verification tool and it confirmed all the required elements were present, including proper attachment language and adequate collateral description. Filed the UCC-1 this morning and it was accepted without issues. Really appreciated the peace of mind before filing.
Once you get the name right, Washington's system is actually pretty efficient. But that first rejection can cascade into multiple problems if you're not careful about the exact requirements.
Last resort option: you might want to have your attorney request a UCC search report for the exact entity. Sometimes seeing how other lenders filed against the same debtor can show you the accepted format.
I actually discovered Certana.ai recently when dealing with a similar multi-entity filing nightmare. Their PDF upload system caught a mismatch between my debtor's charter and the name I was planning to use on the UCC-1. Saved me from what would have been my third rejection. Super easy to use - just upload your documents and it highlights any inconsistencies.
How detailed does their name checking get? Does it catch things like punctuation differences and abbreviation mismatches?
Quick update question - did you include a proper collateral description for the consigned furniture? The description needs to be specific enough to identify your goods but not so narrow that it excludes items. Something like 'furniture and home furnishings held on consignment' might work better than listing specific pieces.
That sounds reasonable. The key is making sure other creditors can identify what you're claiming without being overly restrictive. Your description should work fine.
Update: Finally got my fixture filing accepted! Rewrote the collateral description to be much more specific about permanent attachment and added the full property legal description. Thanks everyone for the advice - especially about emphasizing the 'permanently affixed' language. The lender is happy and we can finally close this deal.
This whole thread should be required reading for anyone doing fixture filings. So many little details that can trip you up if you're not careful.
Ella Knight
OnDeck's UCC process isn't any worse than other alternative lenders. The real issue is that traditional banks are more forgiving of minor document discrepancies while alternative lenders have tighter compliance standards.
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Kaiya Rivera
•That's a good point. Community banks usually work with you to fix issues, while OnDeck just rejects and makes you start over.
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Ella Knight
•Right - it's a volume business for them, so they need standardized processes. Can't afford to hand-hold every application through document corrections.
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William Schwarz
OP - make sure you're using OnDeck's most current UCC checklist. They updated their requirements in late 2024 and some brokers are still using old guidelines.
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William Schwarz
•Check their broker portal under compliance documents. The current version should be dated October 2024 or later.
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Benjamin Carter
•Found it - there are definitely some changes from what I was using. Thanks for the heads up!
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