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One thing to remember - incidental damages under UCC are limited to reasonable expenses. If you spent $5000 to recover $3000 in collateral value, a court might question the reasonableness of your expenses.
Thanks everyone for the detailed responses. Sounds like our storage, transport, and prep costs should be solid. Will definitely document everything carefully and probably skip trying to recover the lost rent. The Certana.ai suggestion is interesting - might be worth checking our security agreement language to make sure we're covered.
Yeah we kept pretty good records thankfully. This discussion has been really helpful for understanding what we can actually claim.
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.
How long did the check take? I'm always working against tight deadlines.
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.
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.
Exactly - serial numbers don't lie. Much more reliable than trying to guess name variations.
Just remember not all filers include serial numbers in their collateral descriptions. Some just use generic equipment descriptions.
Have you tried calling the Nebraska SOS filing office directly? Sometimes they can run searches on their end that are more comprehensive than the online system. Might be worth a phone call if you're on a tight deadline.
I think there might be a small fee but it's usually worth it for the peace of mind on important deals. Plus they can often explain why certain filings might not be showing up in online searches.
This thread is making me nervous about a search I did last week. Now I'm wondering if I missed something! Maybe I should go back and double-check using some of these other strategies mentioned here.
Yeah you're right. I'd rather spend an extra hour searching than deal with problems later if I missed a prior lien.
That's exactly the right attitude. I learned this the hard way but now I'm much more thorough with my searches. Also started using that Certana tool I mentioned earlier - it's helped catch several potential issues before they became problems.
Evelyn Rivera
Update us when you figure it out! I'm dealing with Connecticut UCC filings next week and want to avoid this same issue.
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Lucas Turner
•Will do! Going to start with the SOS business search and see what that reveals.
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Julia Hall
•Same here, I have three Connecticut filings coming up and this thread is making me nervous about potential name issues.
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Arjun Patel
Just checking back to see if you resolved this? I'm curious what the actual issue turned out to be since I file in Connecticut regularly and want to watch out for similar problems.
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Jade Lopez
•Ah yes, the comma strikes again! Connecticut is super strict about that punctuation. Hope that fixes it for you.
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Tony Brooks
•I ran into this exact same issue last month with a different client. One tiny comma made all the difference. Thanks for sharing the resolution!
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