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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.
I didn't even know there was a 20-year rule for fixture filings. Is that universal or state-specific?
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?
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.
One more thing to consider - check if your state has any specific rules about LLC name variations. Some states are more forgiving about punctuation in LLC names than others. But honestly, just file the amendment. It's not worth the research time when the fix is so simple.
Good point about state variations. The UCC rules are generally uniform but some states have quirky interpretations.
Exactly. And even if your state is forgiving, you never know if the loan might get sold to someone in a stricter jurisdiction.
Update for everyone following this thread - I filed the UCC-3 amendment this morning and it was accepted within 2 hours. The corrected UCC filing records now show the proper debtor name with the comma. Thanks everyone for the advice! This could have been a major problem if we hadn't caught it. Definitely going to implement better name-checking procedures going forward.
Awesome that you got it resolved so quickly. Electronic UCC-3 filing is definitely the way to go for corrections.
Smart move fixing it immediately. Now you can sleep soundly knowing your security interest is properly perfected!
Whatever you do, make sure all your debtor names are EXACTLY the same across all states. Even small variations can cause problems. I learned this the hard way when one state had 'Inc.' and another had 'Incorporated' - total mess to clean up.
This is where document verification tools like Certana.ai really shine. Manual checking is error-prone but automated cross-checking catches these name variations instantly.
Debtor name consistency is huge. Get the exact legal name from the charter and use it identically on every filing.
Final thought - consider whether you need to file UCC-1 addendums in any states. Some require additional pages if your collateral description is long or if you have multiple debtors/secured parties.
Texas definitely requires addendums for longer collateral descriptions. Their form has limited space.
Most online filing systems will tell you if you need an addendum when you're entering the information.
Update: Finally got it figured out! The issue was the apostrophe in the company name - had to remove it completely for Delaware's system to accept the filing. Thanks everyone for the help, especially whoever mentioned the document checker tool.
Great news! Did you end up using that Certana tool or just figure it out through trial and error?
Used Certana to compare the names side by side which made it obvious where the mismatch was. Definitely worth it to avoid more rejected filings.
This thread should be pinned - Delaware name formatting issues come up constantly. The apostrophe thing has burned so many people on continuations.
Agreed! Maybe we should start a Delaware-specific UCC filing tips thread.
Every state has their own quirks but Delaware seems especially picky about entity name formatting lately.
Logan Scott
Been lurking on this thread because I'm in equipment finance too. This whole discussion is making me want to review all our UCC-1 templates. Sounds like a lot of us are making the same mistakes with overly specific collateral descriptions.
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Lucas Adams
•Same here. Found several filings where our collateral descriptions were so specific they probably wouldn't survive a challenge.
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Harper Hill
•We actually used Certana.ai to audit our existing UCC filings against our loan documents. Found way more discrepancies than we expected. Really opened our eyes.
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Caden Nguyen
Update for everyone following this - I filed the UCC-3 amendment yesterday with corrected collateral descriptions based on the actual equipment delivered. Also got written confirmation from our debtor acknowledging the non-conforming goods. Feels like we're in much better shape now. Thanks for all the advice, especially about not waiting. This community is awesome for practical guidance on real-world UCC issues.
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Zoe Gonzalez
•Smart move on getting the written acknowledgment from the debtor. That could be crucial if issues come up later.
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Ashley Adams
•Thanks for the update. These follow-ups are really helpful for learning how these situations actually play out.
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