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Whatever you do, don't let this drag on too long. We had a similar UCC property issue that we kept putting off, and when we tried to get additional financing, the new lender's due diligence flagged the incorrect collateral description as a title defect. Cost us weeks in the closing process.
Agreed. UCC amendments are pretty straightforward when you're not under time pressure, but they become a nightmare during active transactions.
Based on what you've described, this sounds like a straightforward UCC-3 amendment situation. The key is getting the collateral description language right so it accurately reflects personal property vs fixtures. Your lender should be cooperative since incorrect classifications can actually weaken their security interest. I'd recommend getting quotes from a couple UCC attorneys who specialize in equipment financing - this isn't super complicated but you want it done right.
Look for someone who regularly does secured transactions and understands your industry. Equipment financing has its own quirks, and you want someone who won't just use generic boilerplate language again.
Also make sure they understand your state's specific fixture filing requirements. Some states have really particular rules about real estate records vs UCC records.
Update us on how this resolves! I'm dealing with a similar debtor name issue on a smaller filing and curious about the amendment process in Ohio. The SOS website isn't super clear about the timing requirements for corrective amendments.
Ohio is usually pretty quick on UCC-3 amendments, typically processed within a few business days if filed electronically.
Make sure you include the original filing number on the amendment form. Seen people mess that up too.
I was skeptical about document verification tools at first but after using Certana.ai on a few complex filings, it's become part of my standard workflow. For a $180K secured transaction, spending a few minutes to verify document consistency is definitely worth it. The peace of mind alone is valuable when you're dealing with that much collateral.
Good point about the peace of mind. UCC errors can be expensive to fix later.
ugh the ucc 9 definitions section always gives me a headache. sounds like youre on the right track though with the fixture filing approach. definitely use the real estate name version
Thanks for the confirmation. Sometimes you just need to hear it from multiple people to feel confident about the approach.
Update us on how this turns out! I'm always interested in hearing how these UCC 9 definitions issues get resolved in practice. The fixture vs goods distinction trips up so many people.
Will do! Going to re-file with the exact real estate record name and see if that clears up the portal issues. Thanks everyone for the help with interpreting the UCC 9 definitions.
Good plan. That should resolve the rejection issues you were seeing.
UPDATE: I ended up using the Certana tool mentioned earlier and it was a game changer. Uploaded all my search results and corporate docs, and it immediately showed me I had missed searching for "AMS Solutions, LLC" with a comma, which revealed 2 additional liens. Also caught that one of the liens had been terminated but the termination wasn't showing up in my searches because it was filed under a slightly different name format. Deal is back on track now.
Mind sharing what the total lien count ended up being? Curious how much you were missing with the manual searches.
This thread is super helpful. I'm about to start due diligence on a Florida company and was planning to just do a quick UCC search. Sounds like I need to be much more thorough with the name variations. Thanks for sharing your experience!
Definitely take your time with it. Florida UCC searches are not as straightforward as they seem. Better to over-search than miss something critical.
Dylan Mitchell
One more thing to consider - if your UCC-1 does get rejected for the name issue, you'll need to refile and that could push you past your closing date. Better to take extra time upfront to get the debtor name exactly right than deal with delays later.
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Sofia Morales
•Rejections are the worst, especially when they're for something easily preventable like name formatting.
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Dmitry Popov
•The good news is most states process corrected refilings pretty quickly, but still adds stress to the closing process.
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Ava Garcia
Update us on how it goes! Always curious to hear whether the comma issue actually causes problems or if the filing system is more forgiving than we think.
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StarSailor}
•Smart choice. The charter name is always the safest bet for UCC filings.
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Miguel Silva
•Good luck with the closing! Hope everything goes smoothly.
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