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Been lurking on this thread and had to chime in. I work for a title company and we see UCC name mismatches all the time. Most of the time it's not a huge deal if the filing matches the official entity records, but definitely get your loan docs cleaned up to match.
UPDATE: Called Montana SOS this morning and confirmed my filing is valid. The clerk explained that their system automatically formats entity names to match the registered format, which is why the spacing disappeared. She said as long as the filing number and entity ID match up, I'm good to go. Still going to amend my loan docs though.
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.
Seriously. The difference between fixture filings and regular UCC-1s is bigger than most people realize.
Yeah, I wish someone had explained all this to me before my first fixture filing disaster. Would have saved weeks of back and forth.
Update us when you find out what happened! I'm dealing with a continuation that's not showing up in searches either, so curious if it's the same issue.
Same here - having search issues with a recent termination filing.
Called PA about this exact issue last week. Turns out their online portal was having technical difficulties processing amendments filed between November 15-25. They're working on getting those filings properly indexed in their search system. You might want to mention that timeframe when you call.
Oh wow, that explains why I couldn't find mine either. Filed on November 22nd.
Yeah they said affected filings should start showing up in searches by end of this week.
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.
Washington processes correctly formatted filings faster than most states in my experience.
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.
Amina Diallo
One more thing - make sure you're filing in the right Florida county if there are any fixture filing components. Restaurant equipment that's attached to the building might need fixture filing treatment depending on how it's installed.
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Oliver Schulz
•Fixture filings in Florida require the real estate legal description too. Can get complicated fast.
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Amina Diallo
•Exactly. Better to over-file than under-file when you're not sure about fixture classification.
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Natasha Orlova
Florida UCC filings have become a real pain point for our team this year. The name matching requirements are stricter than most other states we deal with. At least once you get it right the first time, amendments and continuations are pretty straightforward. Definitely use that SUNBIZ lookup before submitting anything. And if you're doing a lot of Florida deals, might be worth investing in automated document checking to catch these issues upfront.
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Javier Cruz
•How far in advance of the 5-year mark do you usually file continuations in Florida?
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Natasha Orlova
•We try to file continuations at least 6 months early. Florida processes them quickly but I don't like cutting it close on something that important.
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