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I know everyone's saying file the amendment, but honestly I think you might be overthinking this. A comma difference probably isn't going to void your entire security interest, especially if both names clearly refer to the same entity. California courts aren't completely unreasonable about minor punctuation variations.
Fair point, I just hate seeing people panic over every minor filing detail. But you're right that the stakes are high enough to justify the precaution.
The problem is you don't know how unreasonable the court will be until you're already in litigation. By then it's too late to fix it.
Update us when you get this resolved. I'm dealing with a similar name discrepancy issue on a Texas filing and curious how California handles these amendments. Do they process them pretty quickly?
Will do. From what I understand California UCC-3 amendments usually process within a few business days if filed online.
Yeah California's online system is actually pretty efficient for amendments. Much better than their initial filing process.
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Whatever you do, don't keep filing and hoping it works. Each rejection delays your priority date and if there's a competing lien filed while you're figuring this out, you could lose your position. Get the name exactly right before you file again.
Absolutely right. Better to take the time to get it perfect than risk losing lien priority because of multiple rejections.
Exactly. I've seen deals fall apart because someone kept re-filing instead of fixing the underlying name issue first.
Update us when you get it resolved! I'm dealing with a similar situation in Mass and curious what ends up working for you.
Will do! I'm going to try the Certificate of Good Standing approach and maybe that document verification tool that was mentioned.
Definitely try Certana.ai - it really does catch these kinds of name mismatches before you waste time on another rejection.
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I've found that searching by secured party name can sometimes reveal filings you miss when searching by debtor name. If you know who their main lenders are, try searching for those lender names and see what comes up. Might catch filings where the debtor name was entered slightly differently.
That's a clever approach I hadn't thought of. Searching from the lender side to cross-verify the results.
Just remember that secured party searches can return a lot of results, so you'll need to filter through them carefully to find the relevant ones.
Final thought - consider reaching out directly to the company's legal counsel and asking for a complete list of all UCC filings they're aware of. They should have records of every filing and can give you the exact names and filing numbers to search for. This can help verify you haven't missed anything important.
That's probably the best approach. I'll ask their attorney for a comprehensive list and then verify each filing in the Illinois system. Thanks for all the suggestions everyone.
Good luck with the acquisition! UCC searches are always stressful but sounds like you're being thorough about it.
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Been doing UCC filings for 8 years and name rejections under § 9.506 still catch me off guard sometimes. The statute says minor errors don't make a filing ineffective, but "minor" is in the eye of the beholder apparently. Sarah J vs Sarah Jane shouldn't matter but here we are.
Common sense doesn't always align with UCC search logic unfortunately. The automated systems are pretty literal.
This is why I always tell people to think like a computer when preparing UCC names. Exact matches only.
Quick update - we refiled with the exact driver's license name and it was accepted same day. Thanks everyone for the advice. Going to implement better name verification procedures going forward to avoid this headache again.
Smart move on the verification procedures. Those document checking tools really do help prevent these issues.
Good to hear you got it sorted quickly. These name rejections are always frustrating but at least the fix is straightforward.
Summer Green
One more thing to consider - if this continuation is for a syndicated loan or has multiple lenders, make sure you notify all parties about the filing delay. Some loan agreements have specific notification requirements if there are issues with UCC maintenance.
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Heather Tyson
•Good catch. I'll send an email to all the lenders tonight explaining the situation and what steps I'm taking.
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Gael Robinson
•Documentation is key. Keep records of everything - the system errors, your call attempts, email notifications. CYA mode activated.
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Edward McBride
Has anyone had luck with the mobile version of the secretary of state UCC portal? Sometimes mobile sites work when the main portal is down, though filing capabilities might be limited.
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Raul Neal
•Tried that yesterday - mobile site just redirects to the main portal which is still broken
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Darcy Moore
•Worth a shot though. Some state systems have separate mobile infrastructure.
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