


Ask the community...
One more thing to consider - make sure you're also checking for any trade names or DBAs that might be relevant to your collateral description. Sometimes companies operate under different names than their legal entity name, and that can affect how you describe the collateral or where you file.
Just wanted to follow up and say I had a similar name discrepancy issue last week and used that Certana tool someone mentioned earlier. It definitely helped catch a middle initial that was missing from my security agreement compared to the charter. Filed with the corrected name and got acceptance within 24 hours. Definitely recommend checking your documents before filing.
This is why I always keep copies of the entity search results when I print UCC supporting documents. Creates a clear trail showing what name format the state recognizes.
Bottom line - use the exact name from the articles of incorporation, print a copy of that document for your files, and double-check everything before submitting. A $2.8M security interest is too important to mess up over punctuation.
I actually just used that Certana tool someone mentioned earlier for a similar document consistency check. It's pretty slick - you upload your mortgage and UCC-1 and it immediately flags any potential conflicts or inconsistencies. Found several issues we would have missed manually, including subtle formatting differences in debtor names and overlapping collateral descriptions. Definitely worth trying before you refile and risk another rejection.
UPDATE: Called the SOS office this morning and spoke with a supervisor. Turns out the issue was exactly what several of you suspected - our collateral description included 'fixtures' which their system flagged as overlapping with the mortgage. They're processing it manually now with an amended collateral description that excludes fixtures. Should be cleared by end of week. Thanks everyone for the guidance!
Had a fixture filing rejected once because we misunderstood 9-105(h) - the equipment we thought was permanently attached actually wasn't under state law. Cost us three weeks to refile correctly. Definitely worth getting this determination right the first time, especially with your closing deadline.
Based on what you've described, this sounds like textbook personal property under UCC-9-105(h). Removable equipment on concrete pads that doesn't require structural modification to remove is almost always going to be personal property, not fixtures. File your UCC-1 and don't overthink it.
Javier Hernandez
One more thing - if you ever pay off the loan completely, make sure the lender files a UCC-3 termination statement. I've seen businesses with old terminated loans that never got properly released from the public record. It can cause confusion later.
0 coins
Keisha Taylor
•Great point. And check that they file it within the required timeframe - most states give lenders 20-30 days after payoff.
0 coins
NeonNomad
•Good to know for the future. Right now I'm just trying to understand what I've gotten myself into.
0 coins
Emma Davis
Bottom line - blanket UCC filings are standard business practice. Focus on maintaining good payment history and understanding your loan covenants. The filing itself shouldn't impact your daily operations unless you're planning major asset transactions.
0 coins
Sofia Martinez
•Happy to help! These filings look scarier than they actually are in practice.
0 coins
LunarLegend
•Agreed. Been dealing with UCC filings for 15 years and they're just part of the business lending landscape.
0 coins