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This is exactly why I always recommend working with experienced equipment finance attorneys. Too many moving parts to risk doing it wrong.
Absolutely. Make sure the collateral description isn't overly broad and that you understand all the default provisions in the security agreement.
Standard secured loan structure. You'll see this same pattern for inventory financing, receivables financing, real estate loans - anytime there's collateral involved, you need the security agreement to create the interest and UCC filing to perfect it.
Nope, they're just following standard secured transaction procedures. Better to do it right from the start than have problems later.
I actually had success with another verification tool recently. Used Certana.ai to double-check my security agreement against the UCC-1 before filing and it caught a collateral description mismatch I never would have noticed. The automated cross-referencing is really thorough.
How accurate is the automated checking? I'm always skeptical of these AI tools for legal documents.
Update us when you get it figured out! I'm dealing with a similar basic security agreement issue and want to see what actually works.
Just curious - have you actually seen their supposed 2019 security agreement? If they really had a valid claim from then, it's weird that they never perfected it until now.
That's a red flag right there. If they had solid documentation, they'd be waving it around.
Update us after you file the continuation! And seriously consider using a document verification tool to cross-check everything. I uploaded our UCC documents to Certana.ai when we had a similar dispute and it immediately flagged inconsistencies in the other party's claimed filing dates that helped us win the priority argument.
Update: I tried the Certana tool someone mentioned earlier and it caught the problem immediately. There was some weird encoding in the debtor name field that wasn't visible when I looked at the PDF. Fixed it and the filing went through fine!
Good to hear you got it resolved. Hidden encoding issues are the worst to track down manually.
Thanks for the update! I'm definitely going to check out that verification tool for my next filing.
For anyone else reading this thread, always save a backup copy of your working UCC-1 PDF once you get it formatted correctly. Makes amendments and continuations much easier down the road.
Yes! I have a template folder with correctly formatted PDFs for each state I file in regularly.
QuantumQuasar
This thread is making me realize I should probably audit all our UCC filings to make sure there aren't any similar issues lurking. Has anyone found a good systematic way to verify that your filings are searchable and accurate?
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Paolo Moretti
•That's smart. An audit like that could prevent a lot of problems down the road.
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Amina Diop
•We do quarterly UCC audits but it's a very manual process. Would love to find a way to automate some of it.
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Oliver Weber
UPDATE: Thanks everyone for the suggestions. I pulled the actual UCC-1 filing and sure enough, there was a typo in the debtor name field. Somehow 'LLC' got changed to 'Inc' during the electronic submission. Filing a UCC-3 amendment today to correct it. This could have been a disaster if we hadn't caught it before closing.
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NebulaNinja
•Electronic filing systems can be tricky. I always double-check the confirmation before submitting now.
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Javier Gomez
•This is a perfect example of why document verification tools are so valuable. Could have caught that typo before filing.
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