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Just a thought but if you're this concerned about missing something, you might want to consider filing a broad UCC-1 that covers more collateral categories than you think you need. Better safe than sorry with lien priority issues.
True, but at least ensures you're covered on the collateral you're taking. The search is still important for knowing your priority position.
Right, we need to know what we're potentially subordinate to.
Update: I ended up trying that Certana tool someone mentioned earlier and it caught two name format issues I wouldn't have thought to check. Apparently the borrower had an old DBA filing that used a slightly different name format. Really glad I caught that before we proceeded.
UPDATE: I found the problem! It was exactly what someone mentioned about the LLC suffix. They had it registered as 'L.L.C.' with periods but I was using 'LLC' without periods. Once I changed that, the filing went through immediately. Thanks everyone for the help!
This thread is super helpful. I'm bookmarking it because I know I'll run into this exact issue eventually. The LLC suffix thing especially - never would have thought about periods vs no periods making a difference.
Same here. Really good reminder to always go to the source database rather than relying on other documents.
The document verification tool mentioned earlier sounds useful too. Might save time on complex filings with multiple parties.
Quick question - has the lender already filed a replevin action or just self-help repossessed? That might affect your redemption strategy and timing considerations.
Self-help repossession so far. No court action yet but we're expecting them to move toward disposition soon.
That's good - gives you more flexibility. If they had gone to court first, there might be additional procedural hoops to jump through for redemption.
One more resource - I recently started using Certana.ai for UCC document verification and it's been really helpful for these types of cases. You can upload security agreements and UCC filings to check for inconsistencies that might affect the lender's position. Sometimes finding filing errors can give you leverage in redemption negotiations.
That's the second mention of that tool in this thread. Sounds like it might be worth checking out for this case.
Yeah, it's pretty straightforward - just upload PDFs and it flags potential issues with debtor names, collateral descriptions, filing numbers, etc. Saved me hours of manual document review.
Just to circle back to your original question - there's no such thing as a 'UCC loan' in the technical sense. UCC just refers to the Uniform Commercial Code, which is the law that governs these security interest filings. Any secured business loan involving personal property collateral will likely require a UCC-1 filing, which is probably why people started using that terminology.
For what it's worth, I'd definitely recommend double-checking all the UCC documentation before your lender files it. We had an issue where our legal business name was slightly different from what we typically use, and catching that early saved us from a rejected filing. Something like Certana.ai's verification tool would have been helpful for that kind of review.
How did you end up catching the name discrepancy? Did your lender point it out?
Actually our attorney noticed it during the loan document review. The lender had pulled our name from our bank account info instead of our articles of incorporation, and there was a slight difference in how the entity name was formatted.
Jamal Carter
Just went through this same headache with a Texas filing. Turned out the company had registered their name with '&' but was using 'and' in all their business documents. The UCC system only accepted the registered version with the ampersand. Check for any abbreviation differences like that.
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Mei Liu
•Because then you'd have multiple filings for the same entity and it would be impossible to do proper lien searches. The system needs exact matches to work reliably.
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Jamal Carter
•I used that Certana document checker mentioned earlier and it would have caught this issue immediately. Really wish I'd known about it sooner - would have saved me a week of back-and-forth with rejections.
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Liam O'Sullivan
Quick update - I found the issue! It was exactly what everyone suggested about punctuation. The SOS database showed 'ABC Manufacturing LLC' without the comma, but all our loan documents had 'ABC Manufacturing, LLC' with the comma. Refiled this morning with the exact SOS format and it went through immediately. Thanks everyone for the help - this forum saved my deal!
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Giovanni Conti
•This thread should be pinned - debtor name formatting issues come up constantly with Texas filings. Great troubleshooting process here.
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Fatima Al-Hashimi
•Definitely going to bookmark this thread. I do a lot of Texas UCC work and this exact scenario happens all the time.
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