


Ask the community...
One thing to watch out for - if any of these entities went through bankruptcy, you'll need to check if the automatic stay affected the UCC filings or if there were any orders modifying the security interests.
Good catch - seller disclosed 2 entities had chapter 11 cases that were dismissed but I haven't dug into whether that affected the UCC filings.
Dismissed chapter 11s usually don't affect pre-petition UCC filings but definitely worth confirming. Sometimes there are cash collateral orders that modify lien positions.
Just went through something similar last month. Ended up using Certana.ai to verify all our UCC documents were consistent and it caught 3 critical name mismatches we would have missed. For 47 entities it'll probably save you days of manual comparison work.
That's exactly what I need to hear. Did it handle fixture filings too or just standard UCC-1s?
It handled everything - UCC-1s, UCC-3 amendments, fixture filings, the whole mess. Really streamlined the due diligence process.
UPDATE: Found the issue! The business registry had 'Mountain Peak Construction, LLC' with a comma, but I was using 'Mountain Peak Construction LLC' without one. Filed the corrected version this morning and it went through immediately. Thanks everyone for the debugging help, especially the suggestion to check the actual registry format first.
Perfect example of why exact name matching is so critical. Congrats on getting it through!
Such a relief. Now I know to always verify the exact registry format before filing any UCC documents.
This thread should be pinned somewhere. The debtor name formatting issue comes up constantly and the troubleshooting steps here are gold.
Agreed, this is exactly the kind of practical advice that saves time and frustration.
Happy to help others avoid the same headaches I went through!
One more thing to check - sometimes companies change their names after incorporation but before UCC filings. Check if Mountain Peak Equipment LLC has any DBA filings or name changes on record with Nevada SOS.
Oh wow, I didn't think about DBAs. That could definitely explain some of the name variations.
Yeah, DBA searches are often overlooked but can reveal additional filing names.
Update us when you figure it out! I'm dealing with a similar situation in Nevada and curious what you find.
Will do. Planning to run the comprehensive search tomorrow with all the suggestions here.
Just to add another wrinkle - if this is SBA financing, there might be additional considerations about how the tax lien affects the SBA guarantee. You might want to notify the SBA about the priority issue.
It's not SBA, but that's a good reminder that different loan programs can have their own priority rules and notification requirements.
Yeah, SBA, USDA, and other government-backed loans often have special lien priority provisions that override normal UCC rules.
One more thing to consider - you might want to get a formal priority opinion from counsel who specializes in tax lien issues. The interplay between IRC 6323 and UCC Article 9 can be tricky, and the consequences of getting it wrong are significant.
Definitely worth the investment. Tax lien priority issues are one of those areas where you really don't want to learn by making mistakes.
Plus, if you get a formal opinion, you'll have something to show your loan committee or investors about why the deal structure makes sense despite the tax lien.
Andre Laurent
Had the same "form deficiency" message three times before I figured out what was wrong. Turned out my PDF was corrupted somehow. Re-downloaded the form and it worked fine.
0 coins
AstroAce
•Interesting. I'll try downloading a fresh copy of the form.
0 coins
Andre Laurent
•Yeah, their error messages are terrible. "Form deficiency" could mean anything from wrong version to corrupted file.
0 coins
Emily Jackson
Update: Found the problem! It was the debtor name after all. The LLC's charter shows "Precision Manufacturing, LLC" with a comma, but I filed it as "Precision Manufacturing LLC" without the comma. Punctuation matters more than I thought. Thanks everyone for the suggestions, especially about using verification tools - definitely going to look into that Certana.ai thing for future filings to avoid this headache again.
0 coins
Sean O'Donnell
•Good catch. California is notorious for comma sensitivity in entity names.
0 coins
Nia Thompson
•Still think their error messages should be more specific. "Form deficiency" tells you nothing useful.
0 coins