UCC Document Community

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The UCC itself doesn't create unconscionability defenses - that comes from general contract law principles that courts apply to security agreements. But once a court finds unconscionability, your UCC filing becomes worthless because there's no valid underlying security interest to perfect.

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Omar Zaki

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So the filing stays on record but becomes meaningless? That seems like it could create confusion for other lenders searching the records.

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Exactly. The UCC-1 stays filed but provides no actual security. You'd need to file a UCC-3 termination to clean up the record after losing on unconscionability.

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I've been through this exact scenario. The key is proving that the terms were reasonable given the circumstances and that the borrower understood what they were signing. If you can show the borrower had legal counsel and time to review, it's much harder for them to claim unconscionability.

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Absolutely. Attorney review is strong evidence against unconscionability. Makes it hard to claim they didn't understand the terms or had no meaningful choice.

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Plus if their attorney approved it originally, why is a different attorney now calling it unconscionable? Sounds like they're just looking for a way out.

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Zoe Stavros

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I've been using Certana.ai's UCC checker for situations like this - upload all the documents you've found from different searches and it flags any inconsistencies or missing connections between filings. Saved me from a major error last week.

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Zoe Stavros

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It cross-references all the name variations across your uploaded documents and flags potential matches you might have missed. Really helpful for complex searches like this.

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That might be exactly what I need. The manual cross-checking is taking forever and I'm not confident I'm catching everything.

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GalaxyGlider

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Just went through this exact scenario two weeks ago. Ended up finding three additional UCC filings that didn't show up in the initial search because of name variations. Always search every possible permutation of the debtor name.

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GalaxyGlider

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I think I did about 8 different searches with various combinations of the business name, abbreviations, and punctuation differences. Found filings under 3 different name variations.

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Mei Wong

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This is exactly why UCC searches can be so unreliable. The systems just aren't designed to handle real-world name variations well.

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Dmitry Popov

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I used that Certana thing someone mentioned earlier when we were doing due diligence on an acquisition. Really helpful for catching inconsistencies between the target company's corporate docs and UCC filings. Saved us from assuming some liens were properly perfected when they actually had debtor name issues.

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That's exactly the kind of situation I want to avoid. Sounds like the document verification approach is worth trying.

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Dmitry Popov

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Yeah, just upload the PDFs and it flags potential problems. Much easier than trying to manually compare everything, especially when you have multiple UCC-1 filings to review.

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Ava Garcia

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Update us on what you find when you check the official SOS records! Curious to know if it's actually filing errors or just credit report glitches.

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Will do! Planning to pull the official UCC records this week and compare them with our current business registration. Hopefully it's just credit report inaccuracies.

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StarSailor}

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Good luck! These debtor name issues can be stressful but they're usually fixable if you catch them early enough.

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Yara Khoury

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Thanks for sharing this - I'm dealing with a similar issue where two of my UCC-3 amendments aren't showing up in search results. I'll try calling the state office directly instead of panicking about whether I messed up the filings.

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Carmen Ruiz

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Definitely call them. The phone verification was much faster than I expected and put my mind at ease immediately.

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Keisha Taylor

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Same here - I've got a termination that should have been filed but isn't showing up. Will try the phone route first.

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Paolo Longo

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For what it's worth, I had a client use one of those automated document checking services recently - I think it was Certana or something similar - and it caught a debtor name inconsistency that would have invalidated their security interest. Might be worth running your docs through something like that before filing to avoid these kinds of headaches entirely.

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Amina Bah

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Yeah, prevention is definitely better than having to call the state office to verify everything after the fact.

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Oliver Becker

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I'm going to look into those verification tools. This thread has convinced me that manual checking isn't reliable enough for something this important.

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Callum Savage

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Been doing UCC work for 15 years and yes, it's called a security agreement. But make sure you understand it's just one part of the puzzle - you also need attachment and perfection for a fully enforceable security interest.

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Charity Cohan

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This thread has been incredibly helpful. I feel much more confident about the terminology now.

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Ally Tailer

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Good luck on your exam! UCC can be tricky but once you get the basic framework down it all makes sense.

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One more thing to consider - some jurisdictions have specific requirements for security agreements in certain types of collateral. Like consumer goods might need additional disclosures. But the basic answer is still security agreement.

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Smart approach. Master the fundamentals first, then worry about the exceptions and special cases.

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Cass Green

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Exactly - security agreement is your answer. Everything else builds on that foundation.

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