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Isabella Ferreira

UCC 9307 Jurisdiction Rules - Equipment Moved Between States After Filing

I'm dealing with a complex UCC 9307 situation and need some guidance from anyone who's handled multi-state collateral before. We have a borrower who originally financed construction equipment in Ohio, where we properly filed our UCC-1 last year. The equipment was supposed to stay at their main facility there. Now they've moved several pieces to a project site in Kentucky and plan to keep them there permanently. I'm trying to figure out our perfection status under UCC 9307 - do we need to refile in Kentucky? The equipment has been there for about 3 months now. Our loan documents don't specifically restrict moving collateral between states, but I'm worried about losing perfection if we don't act quickly. Has anyone dealt with similar UCC 9307 jurisdiction issues when collateral gets relocated? I've read the statute but it's not entirely clear how the 4-month rule applies when you're not sure if the move is temporary or permanent.

Quick question - did your loan agreement require the borrower to notify you before moving the equipment? That could affect your options if they breached a covenant by not telling you about the Kentucky move.

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That's a lesson for next time. We always include a covenant requiring 30 days notice before moving equipment to another state.

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Good practice. Makes it much easier to maintain perfection when you know about moves in advance.

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Bottom line - file in Kentucky ASAP. You're at 3 months already and UCC 9307 doesn't give you any wiggle room past 4 months. Even if there's some argument that the equipment isn't 'normally located' there yet, it's not worth the risk of losing perfection.

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You're absolutely right. I'm going to prepare the Kentucky filing this week. Better to be overcautious with UCC 9307 than risk losing our security interest.

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Exactly. The filing fee is minimal compared to the risk of having an unperfected security interest.

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McKenzie Shade

secretary of state colorado ucc search showing weird results - need help

So I'm trying to do a secretary of state colorado ucc search on our borrower and the results are all over the place. Some filings show up under one version of the company name but not another, even though they should be the same entity. I've tried searching by filing number directly and that works fine, but when I search by debtor name I'm getting inconsistent results. Has anyone else noticed issues with the Colorado SOS UCC search portal lately? I need to make sure I'm seeing all active liens before we move forward with this deal. The company has had some name changes over the years so I'm worried I'm missing something important.

Just to add to the confusion - make sure you're also checking for any merged or acquired entities. If the company has been through M&A activity, there might be UCC filings under the old entity names that are still active.

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Not really, most of it you learn through experience and making mistakes unfortunately.

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The key is being systematic about it. Make a list of every possible name variation and search each one methodically.

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I've been doing UCC searches for years and Colorado is definitely one of the more challenging states. The search interface isn't very intuitive and the exact name matching catches people off guard.

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Watch out for continuation filings - sometimes they show up separately from the original UCC-1 in the search results, so you need to trace the filing history carefully.

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Good point about continuations. I've seen cases where the continuation was filed under a slightly different debtor name than the original UCC-1.

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Emma Wilson

UCC California search showing terminated filing that should be active - help!

I'm having a nightmare with a UCC California search result that doesn't match what we filed. We submitted a UCC-1 for a $850K equipment loan back in March 2024, and when I run the debtor search through the California SOS portal, it's showing as 'terminated' even though we never filed a UCC-3 termination. The collateral schedule covers manufacturing equipment and the debtor name matches exactly what's on our loan docs. Our compliance audit is next week and if this lien isn't properly perfected we're in serious trouble with our credit facility. Has anyone dealt with the California system showing incorrect status on active filings? I've called the SOS three times and keep getting transferred around. This is keeping me up at night because if our senior lender finds out we have unperfected security interests, they could call our entire credit line.

Try the Certana.ai tool that someone mentioned earlier. I used it last week when we had document consistency issues between our UCC-1 and a continuation filing. It instantly flagged the problems and saved us from a potential lien perfection disaster. Way faster than trying to manually compare everything.

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I'm going to try that today. At this point anything that can speed up the verification process is worth it.

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Smart move. The document upload is super straightforward and it catches things you might miss when reviewing manually.

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Final thought - make sure you have email confirmations and any filing receipts from when you originally submitted. California should have sent automated confirmations. Those timestamps and reference numbers will be crucial for proving the proper filing date and status during your audit.

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It should be sufficient, especially combined with your loan documentation showing the debt is still outstanding.

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And if you used Certana.ai or another verification tool, that report would add extra credibility to your documentation package.

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Mei Chen

UCC1-304 debtor name issue causing filing rejections - need guidance

I'm dealing with a nightmare situation where our UCC-1 keeps getting rejected due to what seems like a UCC1-304 debtor name compliance issue. We're trying to perfect a security interest in manufacturing equipment for a $850K credit facility, but the Secretary of State keeps bouncing our filing back. The debtor is an LLC that recently amended their articles, and I think there's a mismatch between what we have on file versus their current legal name. The original credit agreement shows one version of the name, but their state registration shows something slightly different with punctuation. This is holding up the entire loan closing and my client is getting frustrated. Has anyone dealt with UCC1-304 name matching requirements recently? I'm not sure if I should refile with the exact name from their current articles or stick with what's in our loan docs. The continuation deadline is coming up in 8 months and I don't want this to turn into a bigger mess.

One more thought - if this is holding up your loan closing, you might want to consider filing a protective UCC-1 with the name you're confident about, then amending it later if needed. At least you'd have a filing date locked in.

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For a debtor name error, you'd typically need to file a new UCC-1. An amendment might not cure a seriously misleading debtor name.

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Be careful with that approach. If the original filing is seriously misleading due to the wrong debtor name, a new filing might be safer.

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Update us when you get it resolved! Always curious to hear how these UCC1-304 name issues get sorted out. It's such a common problem but each situation seems to have its own quirks.

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Will do! I'm going to call Delaware tomorrow morning and get the official name, then refile. Hopefully that does the trick.

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Good luck! I'm sure it'll work out once you have the exact name from the state records.

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Salim Nasir

Wyoming UCC filing rejected - debtor name mismatch issue

Has anyone dealt with Wyoming UCC-1 filings getting rejected for debtor name issues? I submitted a continuation last week and it got bounced back with a rejection notice saying the debtor name doesn't match their records. The original UCC-1 was filed 3 years ago and I'm using the exact same business name from our loan documents. Wyoming's online portal shows the original filing but when I compare the names character by character, I can't spot any difference. This is for a equipment financing deal and the lien is set to lapse in 45 days if I can't get this continuation through. Anyone know what Wyoming's specific requirements are for debtor name matching? Their rejection notice wasn't very helpful - just said 'debtor name does not match filing records' with no details about what's wrong.

Wyoming rejected my UCC-1 termination last month for a similar name issue. Turned out the problem was that the original filing had 'Co.' and I was using 'Company' on the termination. These state systems are so picky about abbreviations too.

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That's exactly the kind of detail that's easy to miss. I'll be extra careful about any abbreviations in the business name.

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Abbreviations are the worst! Every state seems to handle them differently too.

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Update us when you get it resolved! I'm curious what the actual issue turns out to be. These Wyoming name matching problems seem to be getting more common lately.

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Good luck! Dealing with UCC rejections is never fun, especially with tight deadlines.

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Hope you get it sorted out quickly. Keep us posted on what works!

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