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Just to add one more verification step - after you file your UCC-1, pull a copy from the Texas SOS to make sure it was indexed correctly. Sometimes there are data entry errors that don't show up until you search for the filing.
Sounds like you've got a good plan now. UCC-1 financing statement for the promissory notes, careful attention to debtor names and collateral description, and verification after filing. Much more straightforward than trying to navigate Article 3 requirements that don't actually apply to your situation.
Exactly. Thanks everyone for the help sorting this out. Really appreciate the guidance from people who've been through similar situations.
That's what these forums are for! Always happy to help fellow filers avoid the pitfalls we've already fallen into.
Update for anyone still following - called Delaware SOS and they confirmed their search system ignores commas and most punctuation. So technically the original filing should be fine. But I'm still filing the UCC-3 amendment to match the note exactly. Better to have consistency across all documents.
Glad you got confirmation from the source. That's the kind of definitive answer that actually helps with the decision making.
This whole thread is why I use document verification tools now. Too many moving pieces to keep track of manually, especially when you're managing multiple deals. The automated cross-checking catches stuff that's easy to overlook when you're juggling deadlines.
One thing to investigate - was your loan sold or transferred to another bank after origination? Sometimes when loans are sold, the UCC filing responsibilities get confused between the original lender and the new one. If there was a transfer, the new bank might have assumed the original bank would handle continuation filings.
That could be significant. When loans are sold, the new lender usually needs to file a UCC-3 assignment to transfer the security interest. If they didn't do that properly, or if there was confusion about continuation responsibilities, you might have additional arguments.
Good catch. Loan transfers definitely complicate UCC filing chains. The assignment should be on record if it was done properly.
Bottom line - you need a lawyer who specializes in Article 9 secured transactions. This isn't DIY territory with $320k at stake. The bank accepting sale proceeds while claiming unperfected security interest creates some interesting legal issues that need professional analysis.
You're probably right. I was hoping to handle this internally but the stakes are too high. Any suggestions on finding the right kind of lawyer? Most commercial attorneys don't specialize in UCC issues.
Look for attorneys who focus on banking law or commercial finance. They deal with UCC issues regularly. You can also check with your state bar association for referrals to commercial law specialists.
Just to confirm - you're filing a UCC-3 continuation, not a UCC-3 amendment, right? I ask because continuation vs amendment gets confused sometimes and they have different requirements for name matching.
Yes, definitely filing a continuation. The UCC-1 expires next month so I need to extend the effectiveness period.
Good, just wanted to make sure. Continuations should be straightforward if the names match exactly.
Update us when you figure this out! I'm dealing with Hawaii filings regularly and would love to know what the actual issue was. These mystery rejections are so frustrating when you're working against a deadline.
Hope you get it sorted out. That deadline pressure is the worst part of these filing issues.
Following this thread too. Have a Hawaii continuation coming up and want to avoid the same problems.
AaliyahAli
Just a heads up - sometimes the UCC look up results can lag behind recent filings or changes. If you filed recently, it might take a few days to show up properly in the search results.
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Lucas Schmidt
•Our filing was 6 months ago so it should definitely be showing up by now. But good to know about the lag time for future reference.
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AaliyahAli
•Yeah, 6 months should be plenty of time. The lag is usually just a few days at most for most states.
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Ellie Simpson
Hope you get this sorted out! UCC look up issues are so stressful, especially when there's a big loan amount involved. Keep us posted on what you find out.
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Lucas Schmidt
•Thanks, I will! Going to try the filing number search and check their current state registration first. Really appreciate all the advice everyone.
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Ellie Simpson
•No problem! We've all been there with confusing UCC look up results. You'll get it figured out.
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