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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.
Been through this exact scenario multiple times. First, pull your LLC's Certificate of Formation or Articles directly from the state website - use that EXACT name format on your UCC-1. Second, for manufacturing equipment, try this collateral description: 'All machinery, equipment, tools, and fixtures now owned or hereafter acquired by Debtor, wherever located, together with all additions, attachments, accessions, replacements, and substitutions thereto.' That's broad enough to cover everything but specific enough to satisfy most SOS requirements.
One more thing to check - make sure your UCC-1 doesn't have any auto-populated fields that might be wrong. Some filing software carries over information from previous filings and you might not notice small errors. Also verify the filing fee is correct - some states have different fees for equipment vs inventory filings. A wrong fee can cause rejections even if everything else is perfect.
Good catch on the fees. I've seen filings rejected for being $5 short on the filing fee.
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.
Same here. Found several filings where our collateral descriptions were so specific they probably wouldn't survive a challenge.
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.
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.
Smart move on getting the written acknowledgment from the debtor. That could be crucial if issues come up later.
Thanks for the update. These follow-ups are really helpful for learning how these situations actually play out.
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.
Kaitlyn Jenkins
Just want to add that if this is for equipment financing, make sure your collateral description is solid too. I've seen perfect debtor names get invalidated because the collateral description was too vague. 'All equipment' doesn't cut it anymore in most jurisdictions.
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Mikayla Brown
•Good reminder. I think our collateral description is detailed enough but I should double-check that too.
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Caleb Bell
•Yeah collateral descriptions are getting stricter. Had a filing rejected last month because 'office equipment' was deemed too broad.
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Danielle Campbell
Update on this if you figure it out! I have a similar situation coming up next week and would love to know how you resolve the name discrepancy issue.
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Mikayla Brown
•Will do. Planning to get this sorted out early next week. Thanks everyone for the advice - this is exactly the kind of insight I was hoping for.
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