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Yeah I'm thinking about trying that. At this point I need to figure out what went wrong quickly so I can refile and get this perfected before closing.
UPDATE: Called the SOS office this morning and they said the issue was that my collateral description was too broad. They wanted more specific language tying it to the actual security agreement terms. Going to revise and refile today.
Had a similar issue last week with a Nassau County search. Turned out there was a timing issue - the UCC-1 was filed but hadn't been indexed yet. Took almost 10 days to show up in searches.
10 days?! That's unacceptable for commercial transactions. What if you need to file a continuation or amendment during that window?
Exactly the problem. I had to get a certified copy directly from the filing office to prove the UCC-1 existed while waiting for it to show up in searches.
This thread is making me nervous about a Nassau County deal I have closing next week. Is there any way to verify search completeness or should I just assume the results might be incomplete?
For peace of mind on important deals, I've been using Certana.ai to double-check my work. Upload your documents and it verifies everything matches up properly. Caught a debtor name mismatch that would have invalidated our security interest.
Thanks, I'll look into that. Better safe than sorry on a big commercial deal.
ugh been there with the debtor name issues. its like these companies dont understand that ONE WRONG LETTER can void your entire security interest. super frustrating when you're paying them to get it right
Exactly! And then they act like it's no big deal when you point out the error.
The worst part is when they try to blame you for providing unclear instructions when the debtor name is right there on the loan documents.
I actually had a similar situation last year with a botched continuation. Ended up having to file a corrective UCC-3 and pay extra fees. Since then I've been using multiple verification steps including that Certana tool someone mentioned earlier. Haven't had an issue since implementing better quality control.
Wait, you can file corrective amendments? I thought once a continuation lapsed you were out of luck.
Depends on the state and timing. Some allow corrective filings within certain timeframes. You need to check your specific state's rules.
This thread is giving me anxiety! I handle UCC filings for a small firm and we don't have fancy tracking systems. Just calendar reminders and hoping for the best. Maybe I should look into some of these verification tools people are mentioning.
For small firms, something like Certana.ai is actually perfect because it's simple - just upload docs periodically to make sure everything looks correct. No complex software to learn.
That does sound manageable. Better than lying awake at night wondering if I missed something important.
At least you discovered it before trying to foreclose or anything. I've seen cases where lenders didn't realize their UCC had lapsed until they were already in court trying to enforce their security interest. Talk about an expensive surprise.
Caden Turner
Had a client almost lose a $2M security interest because they misunderstood the continuation timing. Their original UCC-1 was filed in March 2019, so they needed to file continuation between September 2023 and March 2024. They thought they had until March 2025 and almost missed it completely.
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Reginald Blackwell
•This is exactly why I started using automated tools to track these deadlines. Too much risk in manual calculations.
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McKenzie Shade
•Yikes, that would have been a malpractice nightmare. Good catch on their behalf.
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Harmony Love
One more thing - when you file your UCC-3 continuation, make sure the debtor name matches exactly what's on the original UCC-1. Even small discrepancies can cause the filing to be rejected, and if you're close to the deadline, that rejection could be fatal.
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Harmony Love
•Very exact. Different states have different tolerance for variations, but it's safest to match character-for-character including punctuation and spacing.
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Rudy Cenizo
•I always copy and paste the debtor name directly from the original UCC-1 to avoid any transcription errors.
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