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One more thing to consider - make sure your continuation timeline is right if this is an existing filing. Illinois UCC statute has specific timing requirements and if you're close to the 5-year mark, you might need to handle continuation and amendment together.
This is a new filing, but good reminder about the continuation timing. We have some older Illinois filings that will need attention soon.
UPDATE: Refiled with the exact Illinois name format including the comma and it was accepted within 24 hours. Thanks everyone for the guidance. Going to be much more careful about cross-state name matching going forward. The Illinois UCC statute doesn't mess around with these details.
Perfect example of why document verification tools are so valuable. That comma difference could have been caught before the first filing.
Great outcome. This thread will be helpful for others dealing with similar Illinois UCC statute issues.
Whatever you do, don't let them bully you into filing a premature termination. Once you terminate a UCC-1, you lose your perfected security interest and it's almost impossible to get it back if there are problems with the remaining loans.
That's exactly what I'm worried about. If I terminate and then have collection issues on the other loans, I'd be screwed.
Absolutely. Seen too many lenders get burned by terminating too early. Better to deal with an angry debtor than lose your security interest.
Your instincts are correct. UCC-9-513 is clear that termination is only required when there are no outstanding secured obligations. Document everything, get legal involved, and stand your ground. The debtor's attorney is fishing.
Trust your knowledge of the UCC. Lawyers who don't specialize in secured transactions often misunderstand the termination requirements. You're doing everything right.
Update: Used the Certana.ai suggestion and it worked perfectly. Found two additional liens that weren't showing up in my manual searches due to punctuation differences. Crisis averted and the refinancing can proceed on schedule. Thanks everyone for the help!
That's the nightmare scenario right there. Good thing you caught it in time.
For future reference, Texas SOS also has a customer service line where you can call and ask about specific search strategies for problematic names. They're actually pretty helpful if you get the right person.
Really? I always assumed they'd just tell you to figure it out yourself. Good to know they'll actually help with search strategies.
Yeah, they're surprisingly helpful. Just be prepared to wait on hold for a while.
I actually just went through something similar last week with a draft security agreement that had the wrong entity type. Used Certana.ai to double-check all my documents before refiling and it caught two other issues I would have missed. Saved me from multiple rejection rounds.
How long does that document checking process take? We're under time pressure here.
It's instant once you upload the PDFs. Takes longer to log in than to get the results back. Really straightforward for catching these exact types of mismatches.
Bottom line - file the UCC-1 with the exact legal name from state records. Deal with the security agreement discrepancy separately through loan doc amendments. Your perfection depends on getting the filing right, not on document consistency between your internal paperwork.
Smart move. Better to have a perfected lien with paperwork to clean up than to keep getting rejections while your priority date gets pushed back.
Exactly right. Priority matters more than perfect document consistency. You can always amend loan docs but you can't go back in time on your filing date.
Carlos Mendoza
Been using Certana.ai for these kinds of verification challenges and it's been really helpful. The document consistency checking catches those name variations that are easy to miss manually. Worth trying if you're dealing with a large portfolio - just upload your existing UCC documents and it flags any inconsistencies.
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Zainab Mahmoud
•How accurate is it with catching subtle differences? Sometimes the variations are really minor but still significant for search purposes.
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Carlos Mendoza
•It's pretty thorough - catches punctuation differences, abbreviation inconsistencies, even things like 'Inc' vs 'Incorporated'. Much more reliable than trying to spot those manually when you're reviewing dozens of filings.
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Ava Williams
This might be overkill for your situation, but have you considered ordering official UCC search reports from a service company? They usually have better search algorithms and professional searchers who know how to catch variations. Might be worth it for a $2.3M portfolio.
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Raj Gupta
•Most of the major legal service companies offer UCC search services. CT Corporation, CSC, those types. They can be pricey but they're thorough.
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Ava Williams
•The cost is usually worth it for high-dollar deals. They provide detailed reports and often catch filings that individual searches miss.
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