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Just wanted to add - if you do get this resolved, consider setting up automatic reminders for future continuations. Missing the 5-year window because of technical errors is every secured party's nightmare.
We use calendar reminders set for 6 months before each continuation deadline. Gives plenty of time to sort out any issues.
That's exactly what we do. Started after almost missing a critical continuation deadline due to staff turnover.
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I still can't believe how picky they are about these descriptions. Like, if it's obviously restaurant equipment, why does the exact wording matter so much for goods under UCC? Seems like they're just trying to generate rejection fees.
RIGHT?! It's like they want you to fail so they can collect multiple filing fees. So frustrating.
The specificity requirements actually serve a purpose - they help third parties understand what collateral is encumbered when they're doing due diligence. But I agree the enforcement can be inconsistent.
For what it's worth, I've found that including 'and all proceeds thereof' at the end of goods under UCC descriptions can be helpful for comprehensive coverage. Just make sure your security agreement supports that broad language.
Proceeds language is important but make sure you understand the implications - it can affect how you handle insurance claims and equipment sales later.
This thread has been super helpful. I'm dealing with similar issues on an equipment financing deal and didn't realize how specific the goods under UCC descriptions needed to be.
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For what it's worth, I've seen banks that automatically file continuations for their borrowers, but don't count on it. Always verify that it got done, and if you're handling it yourself, don't procrastinate.
Yeah, never assume someone else is handling it unless you have it in writing.
The lender didn't mention anything about handling continuations so I'm definitely going to take care of it myself. Thanks everyone for the clarification!
One last thing - when you file the continuation, make sure the UCC-3 form references the original filing number correctly. Any mistake there and the continuation won't be effective.
Absolutely. I've caught several filing number transcription errors using Certana.ai's checker. Would have been costly mistakes.
The filing number is usually pretty long too, easy to transpose digits if you're doing it manually.
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Another vote for using verification tools before filing. I've started running all my UCC documents through Certana.ai's system as a final check. It's caught several potential issues that could have caused problems later. For your situation, it would flag the name inconsistency and help you make the right call.
It checks everything - debtor names, secured party info, collateral descriptions, even filing fee calculations. Really comprehensive.
Sounds useful. I'll have to check that out for my next filing.
Thanks everyone for the input. Going with the full middle name from the driver's license based on the consensus here. Really appreciate the practical advice and the tool recommendations. This community always comes through!
Smart decision. Feel free to post an update once you get the filing accepted.
hope it goes smoothly! still think the whole system is overly complicated but at least you got good advice here
Leslie Parker
I hate to be the bearer of bad news, but if the record truly is gone from their system and you can't get a certified copy, you might have bigger problems. Without proper documentation of the lien perfection, your secured position could be compromised in the bankruptcy proceedings. Hope you find it but you should probably start planning for that possibility too.
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Sergio Neal
•Don't panic yet. Courts understand that filing systems aren't perfect. If you have your original receipt and can show you made good faith efforts to obtain the certified copy, that should carry some weight.
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Savanna Franklin
•Plus if other liens from the same time period are also missing, that suggests a systemic problem with their database rather than an issue with your specific filing.
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Juan Moreno
One more idea - check if your original filing attorney or the bank that requested the filing has any additional documentation. Sometimes they keep more detailed records than what you might have, including correspondence with the filing office that could help track down the missing record.
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Amy Fleming
•Let us know how it turns out! This thread will be helpful for anyone else who runs into the same issue.
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Alice Pierce
•Definitely keep us posted. And seriously consider that Certana tool someone mentioned - might save you a lot of time and headaches.
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