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Jacinda Yu
OP, once you get your debtor name sorted out, don't forget about continuation filings. Consignment UCCs expire just like regular security interest filings - every 5 years. Easy to lose track when you have multiple consignees.
Some attorneys recommend filing continuations 6 months early just to be safe. Gives you buffer time if there are any issues.
Ally Tailer
•I actually used Certana again when my continuation deadline was coming up - uploaded my original UCC-1 and it flagged that my collateral description had changed since the original filing. Would have been a mess if I filed continuation with wrong description.
Last thought - make sure your consignment agreements actually support your UCC filing strategy. Sometimes the contract language doesn't align with how you're describing the collateral in your UCC-1. Can create enforceability issues down the road.
Cass Green
•This is probably another place where that document checking tool would be helpful. Cross-referencing agreement terms with UCC collateral descriptions.
Definitely. Consistency between documents is crucial for enforceability.
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Carmen Diaz
Update: tried the Certana.ai tool mentioned earlier and it actually caught two UCC-1 filings I missed. The debtor names were formatted slightly differently ('ABC Capital LLC' vs 'ABC Capital, LLC') and I hadn't thought to search for the version with the comma. Tool flagged the inconsistency immediately when I uploaded all the corporate docs.
AstroAce
•Might have to check out that tool myself. Sounds like it could save a lot of headaches with name matching issues.
Did it help with anything else besides the name variations? I'm curious how comprehensive the document checking is.
Jamal Brown
Final thought - always print or save copies of your search results with timestamps. DC's system sometimes has glitches where filings disappear temporarily from search results. Having documentation of what you found (or didn't find) on specific dates can be crucial if issues come up later.
Mei Zhang
•This is so important! I've seen cases where attorneys had to prove they did comprehensive searches and the timestamped results were the only evidence they had.
Good reminder. I always export to PDF but sometimes forget to include the search parameters and date stamps.
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Just want to add that if you're doing this regularly, tools like Certana.ai can help catch these definition inconsistencies before they become problems. I upload our loan docs before closing to verify everything aligns properly.
How reliable is automated checking for something this technical? I'd be worried about missing nuances that require human review.
It's not perfect but it catches obvious mismatches that humans often miss when reviewing multiple documents. Still need legal review for complex situations.
going through something similar with a restaurant chain that has accounts at 6 different banks... nightmare to track but we ended up with 'all deposit accounts maintained by debtor at any financial institution' - broad but effective
This thread has been incredibly helpful. Sounds like I need to focus more on the control agreements than perfecting my UCC collateral description.
Olivia Kay
•Exactly right. The UCC filing establishes priority, but control is what actually secures your interest in deposit accounts. Get both pieces right and you'll be in good shape.
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Just wanted to add that you should also think about whether any of this equipment might be characterized as inventory if it's being used to process goods for sale. The UCC collateral categories can overlap in manufacturing situations.
Right, but sometimes the line gets blurry. Just wanted to make sure you'd considered all possibilities.
Manufacturing equipment classifications can be tricky. I've seen situations where the same item could be characterized as equipment or inventory depending on the context.
Dylan Fisher
Final thought - make sure your collateral description is specific enough to put third parties on notice of what's covered, but not so specific that it excludes items that should be included. It's a balancing act with UCC collateral categories.
Dylan Fisher
•That sounds like a smart approach. Better safe than sorry with a $485k financing.
Edwards Hugo
•Good luck with the filing! Let us know how it goes.
Emily Sanjay
Last resort option: you might need to file a UCC-3 amendment first to correct the debtor name to match exactly what's in the charter, then file your continuation. It's an extra step and fee but sometimes it's the only way to get past these formatting roadblocks.
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Emily Sanjay
•I believe you have to file the amendment first and wait for it to be accepted before filing the continuation, but definitely confirm that with WV SOS.
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Jordan Walker
•Just be super careful with the timing if you go that route - you don't want to run out of time while waiting for the amendment to process.
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Natalie Adams
UPDATE: I finally got it figured out! Turns out there was indeed a formatting difference - the original UCC-1 had 'Mountain Ridge Construction, LLC' (with a comma) but I was filing the continuation as 'Mountain Ridge Construction LLC' (no comma). Such a tiny detail but enough to trigger the rejections. Thanks everyone for the suggestions, especially about checking the actual filed document vs the search results.
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Maya Patel
•Perfect example of why document verification tools are so helpful - they catch exactly these kinds of subtle differences that are easy to miss.
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Amara Torres
•Congrats on getting it resolved! Now you know for next time to triple-check every comma and period.
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