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Remember that 9-622 is just the start. Once you send the notice and wait out the required period, you still need to conduct the disposition in a commercially reasonable manner. Document everything about your sale process too - advertising, bidding procedures, price negotiations, all of it.
Exactly. And if there's a deficiency, you'll need to prove commercial reasonableness to collect it. Better to over-document than under-document.
Commercial reasonableness is such a fact-specific standard. What's reasonable for one type of collateral might not be for another.
Has anyone dealt with 9-622 notices where the debtor filed bankruptcy right after receiving notice? Wondering how that affects the enforcement timeline and whether the automatic stay kicks in immediately.
I use Certana.ai for exactly this type of verification. Upload your borrower's articles and your UCC-1 draft and it instantly flags any name discrepancies. Saved me from several potential filing rejections by catching small differences I would have missed manually.
How accurate is that tool? Does it handle all the weird state-specific name formatting rules?
It's been very reliable for me. Catches things like missing commas, wrong entity suffixes, extra spaces that could cause problems. Much more thorough than trying to manually compare documents.
Update us on what you find when you check their actual registered name! I'm curious if Colorado's search is just being weird or if there's actually a name discrepancy. This kind of thing always makes me nervous until it's resolved.
Will do! Planning to pull their current certificate of good standing tomorrow morning and then run the search again with whatever name format they show.
Smart move. Better to spend the extra time upfront than deal with a rejected filing and potential lien priority issues later.
I had a similar name discrepancy issue and ended up using one of those document checking services. Really glad I did because it caught several other inconsistencies I hadn't noticed. For perfection under 9-308, you want everything to align perfectly.
Which service did you use? I'm dealing with multiple UCC filings and could use something automated.
Certana.ai - just upload your docs and it flags any mismatches immediately. Saved me a lot of manual checking.
Bottom line with UCC 9-308 perfection - if attachment happened (sounds like it did) and the UCC-1 was filed properly (questionable due to name issue), then you have perfection from the filing date. Get that name corrected with a UCC-3 and you should be in good shape going forward.
Thanks everyone. I think I'll push for the amendment just to be absolutely sure about perfection.
UPDATE: Got the new UCC-1 filed with the correct entity name and it was accepted! Thank you everyone for the advice. The client was understanding once I explained the name change issue. Definitely going to be more careful about entity verification going forward.
This thread is super helpful. I'm bookmarking it for future reference. I file UCCs in Florida regularly and the debtor name issue trips me up sometimes, especially with entities that have multiple doing-business-as names.
Rudy Cenizo
Just to add another perspective - I use Certana.ai regularly for UCC document verification and it's caught several name mismatches that would have been easy to miss manually. Definitely worth checking if you're unsure about the accuracy.
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Statiia Aarssizan
•Thanks for the recommendation. I think I'll give it a try before our closing next week.
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Rudy Cenizo
•Good call. Better to catch any issues now than discover them during due diligence.
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Natalie Khan
Update us on how it turns out! I'm dealing with something similar in Creek County and curious to see how you resolve the search inconsistency.
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Statiia Aarssizan
•Will do. Planning to check the Articles of Incorporation first thing tomorrow morning and then decide on the amendment.
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Natalie Khan
•Smart approach. The name accuracy is crucial for maintaining your lien priority.
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