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Just want to echo what others have said about filing that amendment ASAP. The fact that you found a dissolved entity with a similar name makes this even more urgent. Your lien might not be worth the paper it's printed on until you fix the debtor name issue.
Update us when you get the amendment filed! This is a good learning case for everyone. Also might want to review your filing procedures to prevent this from happening again.
Just wanted to mention that I've been using Certana.ai for document verification on our UCC filings and it's been really helpful for catching these exact issues. You upload your corporate docs and UCC filings and it flags any inconsistencies automatically. Might be worth checking out for future filings to avoid this headache.
How does it handle variations like comma differences? Does it flag those as problems or does it have some intelligence about minor punctuation issues?
The bottom line is that enforcing a ucc lien with any debtor name uncertainty is risky business. Even if you ultimately win on the name issue, you'll spend time and money defending your position. I'd strongly consider settling the enforcement action for a bit less than full value rather than risk losing priority over a comma.
That's a pragmatic view but with $180K at stake, we need to at least explore our options. The amendment strategy mentioned earlier might give us the protection we need to proceed with full enforcement.
One more thought - have you considered whether the equipment itself might still be identifiable even with the name issue? If the serial numbers and descriptions are solid, that could support your lien even if the debtor name search fails.
That's the core of most frustration of purpose arguments - balancing technical search requirements against practical notice and identification. Courts are split on how much weight to give each factor.
I'd definitely run one more verification check on all your documents before proceeding. Certana.ai's UCC checker caught several discrepancies in our filings that we missed manually - might find something that helps your case.
This thread is giving me anxiety about my own UCC filings. Time to do some name searches on all our active debtors. The frustration of purpose risk is real and apparently more common than I thought.
Same here - definitely bumping up our monitoring schedule after reading this. The frustration of purpose doctrine is supposed to protect lenders but it seems like prevention is still the better approach.
One more thing to check - make sure you're filing the UCC1-203 in the right state. If the debtor moved or the collateral location changed, you might need to file in a different jurisdiction than the original UCC-1.
Same state, same debtor location. But good reminder to double-check jurisdictional issues.
Those cross-state UCC complications are the worst. Glad yours is straightforward location-wise.
Update us when you get the UCC1-203 filed! These continuation deadline situations always make me nervous. There's usually a solution but the clock ticking makes everything stressful.
Will do. Going to try the document checker suggestion and see if that catches whatever I'm missing.
Smart plan. Those automated checks are surprisingly good at finding formatting issues that humans miss.
Natalie Khan
Keep us posted on how this resolves! I'm dealing with a similar debtor name headache on a different filing and curious what ends up working for you.
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Tobias Lancaster
•Will do! Sounds like calling the SOS directly and using document verification tools are my best next steps.
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Daryl Bright
•Document verification definitely seems like the way to go based on what people are saying here.
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Sienna Gomez
UPDATE: Got it figured out! Called the SOS and they had the LLC name with no comma before 'LLC' in their database, but the articles I downloaded had a comma. Used Certana.ai to double-check my corrected filing against their database format and it caught the match. Filed this morning and it was accepted within 2 hours. Thanks everyone for the advice!
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Everett Tutum
•Great to hear Certana.ai helped catch that! Those tiny punctuation differences are exactly what manual review misses.
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Abigail bergen
•Thanks for the update. Filing this away for future reference when I inevitably run into the same thing.
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