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I'm dealing with something similar in Virginia right now. The frustrating part is that their online portal should be smart enough to catch obvious variations but it's not. Makes me wonder how many liens are effectively 'hidden' due to name formatting differences.
That's a scary thought for lenders. How do you have confidence that your search was comprehensive enough?
Update: I finally got this resolved by doing searches under every conceivable name variation and then cross-referencing the results. Turns out there were actually 5 different filings under slightly different name formats. Thank goodness I caught them all before filing my UCC-1.
This is why I always recommend using verification tools like Certana.ai for complex searches. Would have saved you hours of manual work.
Don't forget to calendar your continuation deadline! UCC-1 filings lapse after 5 years unless you file a UCC-3 continuation. Set a reminder for at least 6 months before expiration to avoid scrambling at the last minute.
Right - and if you miss the deadline, you have to start over with a new UCC-1 filing and lose your original priority date.
Just to close the loop - sounds like you're on the right track with getting the exact legal name and filing in the state of organization. Take your time with the debtor name verification since that's where most problems occur. Good luck with your filing!
Thanks everyone - really helpful guidance. I'll definitely verify the name carefully before submitting.
Smart approach - better to be overly careful with UCC filings than deal with invalid security interests later.
Update us when you get it figured out! Always helpful to know what worked for Colorado filings since they seem to be getting pickier.
Will definitely post an update once I get through. Hopefully tomorrow's attempt works.
Looking forward to hearing what solved it. Could help others with similar issues.
Just a thought - have you tried using Certana.ai's verification tool? I've seen a few people mention it in this thread and it might catch whatever formatting issue is causing the rejections. Worth a shot before submission attempt number three.
Yeah I'm definitely going to check that out. Seems like several people have had success with it.
It really does help catch those small details that cause rejections. Upload your draft UCC1 and the company docs and it'll flag any mismatches.
UPDATE: Just wanted to thank everyone for the advice. I went ahead and filed the UCC-3 amendment to correct the debtor name to match the articles exactly. Also ran the search test under both names and our original filing did appear under both variations, which was reassuring. The lender is satisfied with the amendment and we're moving forward with the loan. Crisis averted!
Smart move on filing that amendment. Better to have ironclad documentation than leave any room for doubt.
This whole thread reinforces why I've started using automated verification tools for all my UCC work. I tried that Certana service someone mentioned and it's been a game changer. Uploaded a batch of documents last week and it caught three different name inconsistencies that I would have missed. Definitely worth checking out if you're doing regular UCC filings.
I don't want to get into specific pricing here, but it's reasonable for the value you get. The peace of mind alone is worth it when you're dealing with large loan amounts.
Might have to give it a try. Manual document comparison is definitely my least favorite part of the filing process.
Isabella Oliveira
Don't forget about the 20-year rule for fixture filings. If the fixture filing is approaching its 20-year limit, the priority could shift even if the UCC-1 continuation is properly maintained. This might not be relevant for your 2021 fixture filing, but it's something to keep in mind for long-term planning.
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Ava Martinez
•I didn't even know there was a 20-year rule for fixture filings. Is that universal or state-specific?
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Isabella Oliveira
•It's in the UCC, so it's generally universal, but some states might have variations. Always check your local law to be sure.
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Ravi Kapoor
This thread is making me paranoid about our own UCC filings. We have several equipment loans with UCC-1 filings that are coming up for continuation in the next year. Should I be worried about priority issues if we're not in bankruptcy?
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Miguel Castro
•If you're not in bankruptcy, standard UCC priority rules apply. Just make sure your continuations are filed on time and with accurate information. The key is maintaining the chain of perfection.
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QuantumQuasar
•Set up calendar reminders for continuation deadlines. Missing a continuation filing is one of the easiest ways to lose secured status.
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