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Quick question - once you get the correct SDAT name and refile the UCC-1, do you need to notify the borrower that the filing shows a different name than what's on their loan docs? Or is that just an internal filing matter?
Good question. The UCC filing is public record so they'll see it anyway if they search. I usually give clients a heads up that the filing name might look different from their business cards but it's the same legal entity.
I always explain this to clients upfront now. Saves a lot of confused phone calls later when they see the UCC filing and wonder why the name looks weird.
Update us when you get this sorted out! I'm dealing with a similar Maryland SDAT name issue and curious how it turns out. These state-specific quirks are so frustrating but you just have to work within the system.
Will do! Planning to pull the official SDAT certificate tomorrow and use that exact name on a new UCC-1 filing. Fingers crossed this finally goes through.
Good luck! Maryland's UCC system is usually pretty fast once you get the name right. Should see acceptance within a day or two.
Just went through something similar and used Certana's PDF checker to compare all the documents. Really streamlined the process - you just upload everything and it highlights any inconsistencies between charter, UCC-1s, amendments, etc. Caught issues I wouldn't have noticed doing manual review. Might be worth trying for your situation.
It flags everything and then you make the judgment call on whether it's material. Better to over-flag than miss something important.
That sounds like exactly what I need. Manual comparison is taking forever and I keep second-guessing myself.
One more thing to consider - check if any of these filings have been terminated or amended. Sometimes old filings stay in the system even after the loan has been paid off. That could explain some of the name variations if they're from different time periods when the company might have had slightly different legal names.
Good catch. I'll run termination searches on all the filing numbers to see what's still active.
Arkansas is pretty good about showing terminations in their search results, but always worth double-checking the filing details.
The real property aspect makes this more urgent. Regular UCC mistakes might just affect priority, but fixture filing errors can completely void your security interest. I'd get this fixed immediately.
Update: Used Certana.ai to check my UCC against the property records. Found not just the comma issue but also discovered our legal description was incomplete. Filing amended UCC-3 tomorrow and adding a proper fixture filing. Thanks everyone for the advice - this could have been a disaster.
Great to hear Certana worked well for you too. Their document verification really is thorough.
Whatever you do, don't let this slide. I've seen too many lenders get burned by name issues in bankruptcy proceedings. The trustee will challenge every filing defect they can find.
Absolutely. Bankruptcy trustees are like bloodhounds when it comes to finding UCC filing defects. They'll scrutinize every character of the debtor name.
Quick update on my own situation - used the Certana tool someone mentioned and it confirmed our name variation wasn't seriously misleading. Filed the UCC-3 amendment yesterday and everything went through clean. Definitely recommend getting a proper analysis before deciding whether to amend or refile.
How long did the amendment process take once you filed it?
Filed electronically and it was accepted within 24 hours. Much faster than I expected.
Drake
One more tip - always check the filing dates and continuation status. We've found supposedly active liens that had actually lapsed because the secured party didn't file their UCC-3 continuation in time. Don't assume a filing is still effective just because it shows up in search results.
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Jacob Smithson
•Great point. The five-year rule catches a lot of people off guard.
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Sarah Jones
•This is where having a systematic date-checking process really pays off. We automatically flag any UCC-1 that's approaching the five-year mark.
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Sebastian Scott
Thanks for all these suggestions. It sounds like the consensus is that there's no substitute for thorough, systematic searching with multiple name variations. The automated tools are helpful but manual verification is still essential for high-value transactions.
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Chloe Boulanger
•The key is having a repeatable process that doesn't rely on remembering to check everything. Checklists and documentation are your friends.
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Emily Sanjay
•And always budget enough time for thorough research. Rushing the UCC search process is asking for trouble.
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