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Ethan Moore
If you're still having trouble, try searching by collateral description too. Sometimes you can find filings that way even if the name search isn't working perfectly.
Ethan Moore
•Exactly - serial numbers don't lie. Much more reliable than trying to guess name variations.
Zara Shah
•Just remember not all filers include serial numbers in their collateral descriptions. Some just use generic equipment descriptions.
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TechNinja
Whatever you do don't wait around hoping it resolves itself. UCC-1 filings just sit there forever unless someone takes action. The 9-510 information statement at least gets your side of the story on record even if it doesn't remove the original filing. With your tight deadline you need to move fast.
Liam Murphy
•You're right about the timing. I'm planning to file the information statement this week and hope the lender will work with us while it's pending.
Make sure to send copies to your lender too so they know you're addressing the issue proactively. Shows good faith effort to resolve the cloud on title.
One more tip - if the fraudulent filing has an obviously fake address for the secured party that can help your case too. UCC-1s require real addresses and if they used something bogus that's additional evidence the whole thing is fabricated. Worth checking the address against public records.
Liam Murphy
•Good point - I hadn't thought to verify the secured party address. I'll check that before filing my information statement.
Yara Assad
•Fake addresses are actually pretty common in fraudulent filings. Easy thing to overlook but can strengthen your 9-510 statement.
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Just wanted to add that I've found calling the filing office directly sometimes helps. Not all staff know the system quirks but occasionally you get someone who can tell you exactly what name format they're expecting.
LunarEclipse
•Good point - worth a shot before we try filing again. Thanks!
Agreed, sometimes the phone approach saves hours of guesswork and rejected filings.
Sean Murphy
For what it's worth, I've noticed the lag time between corporate changes and UCC database updates has gotten worse over the past year. Maybe staffing issues or system upgrades causing delays?
Zara Khan
•Or they're transitioning to new systems and everything's moving slower during the changeover period.
Either way, it's making our jobs harder. We just have to adapt and plan for these delays.
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Just wanted to follow up on the Certana tool someone mentioned earlier. I tried it out for a similar situation last week and it was actually pretty slick. Uploaded my original UCC-1 and draft UCC-3, and it caught that I had the wrong entity suffix in my debtor name. Would have definitely been rejected. Also confirmed that my approach of using a UCC-3 amendment was correct for adding the new collateral. Worth the check if you want to avoid filing headaches.
Melissa Lin
•How long did the check take? I'm always working against tight deadlines.
Pretty much instant. You upload the PDFs and it runs the comparison right away. Much faster than manually reviewing everything.
Thanks everyone for the input. Based on the consensus here, I'm going with a UCC-3 amendment since we're modifying the existing security agreement. Will double-check the debtor name against the original filing and make sure the collateral description is properly drafted. Appreciate all the perspectives - this forum is incredibly helpful for navigating these UCC issues.
Good choice. You've got this! UCC-3 is definitely the right move for your situation.
Let us know how it goes! Always curious to hear about filing outcomes.
Liam McGuire
Just want to add that if you do have grounds to accelerate, make sure you send proper notice to the debtor before taking any enforcement action. UCC 9-611 requires reasonable notice of disposition if you're going to sell the collateral. Better to dot all your i's and cross your t's from the beginning.
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Amara Eze
•Good point about notice requirements. I've seen secured parties lose their deficiency rights because they didn't follow proper notice procedures.
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CosmicCadet
•Thanks everyone. This has been really educational. Sounds like I need to focus on my security agreement terms rather than worrying about UCC filing amendments.
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Giovanni Greco
One more thing - if you're really concerned about the debtor's financial condition, you might consider requiring them to provide current financial statements or other assurance of performance under UCC 2-609, assuming your underlying contract allows it. This could give you ammunition for acceleration if they can't or won't provide adequate assurance.
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Fatima Al-Farsi
•But 2-609 only applies to sales contracts, not security agreements, right? Or can you incorporate those rights into a security agreement?
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Giovanni Greco
•You're right that 2-609 is Article 2, but many security agreements include similar provisions allowing the secured party to demand financial information or additional assurance. It's about contract drafting, not UCC filing requirements.
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