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UCC filing mortgage lien priority - equipment loan confusion

Having a nightmare with our equipment financing deal. Bank approved a $180k line for manufacturing equipment but now there's confusion about UCC filing mortgage lien priority. The equipment will be installed at our facility but we already have a mortgage on the property. Our attorney mentioned something about fixture filings but I'm getting conflicting info about whether we need a UCC-1 fixture filing or just a regular UCC-1. The mortgage lender is saying their lien takes priority over everything but the equipment lender disagrees. Anyone dealt with this before? I'm worried about messing up the lien priority and having both lenders pull out of the deal.

Another vote for document verification before filing. Used Certana.ai on a similar multi-lender deal and it caught a debtor name discrepancy between the mortgage and UCC docs that would have caused major headaches.

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These name matching issues are brutal. One small difference and suddenly your UCC filing doesn't perfect your security interest.

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The verification tools are worth it just for peace of mind. Upload everything and let it check for inconsistencies automatically.

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Bottom line - make sure the equipment lender knows they're taking subordinate position to existing mortgage for fixture value, but they should have priority for any removable value. Price and structure the deal accordingly.

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That makes sense. I'll make sure both lenders understand the priority structure before we move forward. Thanks everyone for the detailed explanations.

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Smart approach. Better to have everyone's expectations aligned upfront than deal with surprises later.

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UCC Search Shows Multiple Filings Under Similar Names - Which Debtor Records Matter?

Running into a confusing situation with a UCC search and hoping someone can clarify the rules. I'm doing due diligence on a potential equipment purchase and the UCC search results are showing what looks like multiple filings under slightly different versions of the seller's business name. There's 'ABC Manufacturing LLC', 'ABC Manufacturing, LLC' (with the comma), and 'A.B.C. Manufacturing LLC' all showing active UCC-1 filings. The equipment I'm looking to buy could potentially be covered under any of these if they're the same entity. How do I determine which debtor name variations actually matter for lien purposes? The seller insists they're all old filings from different lenders who 'didn't get the name exactly right' but I'm worried about missing something important. Is there a standard way to verify if these are truly the same debtor entity or separate legal entities that could affect my purchase? The filing dates span about 3 years and involve different collateral descriptions, some mentioning 'all equipment' and others being more specific. Really don't want to end up buying equipment that has existing liens I didn't catch in my search.

One thing to watch out for - make sure you're searching all the right jurisdictions. If the company does business in multiple states, there could be UCC filings in other states too. The equipment location might determine where liens need to be filed.

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Good point. Equipment can be tricky because it can move between states and filing requirements vary.

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Usually you search where the debtor is organized/located, but for equipment it can get complicated if it moves around.

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Bottom line - don't take the seller's word for it that these are all just 'incorrect names.' Do your own verification through official records, get copies of the actual filings, and consider professional help if the amounts are significant. Better to be overly cautious than miss something important.

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Absolutely agree. I've seen too many deals go sideways because someone assumed name variations were harmless.

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Yeah, and even if they are the same entity, you still need to deal with the liens before the purchase. Name verification is just the first step.

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UCC filing questions with SBA general security agreement - debtor name issues?

Running into some confusion with our UCC-1 filing tied to an SBA general security agreement we just signed. The lender is requiring us to perfect their security interest but I'm getting conflicting info on how the debtor name should match between the GSA and the UCC filing. Our business is registered as 'Midwest Manufacturing Solutions LLC' but we've been doing business as 'MMS Fabrication' for years. The SBA loan docs have both names listed but I'm not sure which one needs to go on the UCC-1 as the debtor name. Got a rejection from the Secretary of State portal yesterday saying 'debtor name does not match records' but they didn't specify which records. The collateral description covers all equipment and inventory which seems straightforward enough. Anyone dealt with this kind of debtor name mismatch between SBA security agreements and UCC filings? Don't want to mess this up and have the lender's security interest not properly perfected.

Once you get the debtor name sorted out, double-check that your secured party information matches exactly what the SBA lender provided too. That's another common source of rejections that people overlook.

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Good reminder. The lender gave me their exact name and address for the secured party section so I should be good there.

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Make sure you use their legal entity name, not just their DBA or trade name for the secured party too.

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Update us when you get it resolved! Always curious to hear how these debtor name issues get sorted out.

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Will do! Planning to refile tomorrow with the exact legal name format from the state database.

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Hope it goes through this time. These UCC name matching rules are such a pain.

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UCC filing rejected - security agreement format issues causing debtor name mismatch

Our UCC-1 filing got rejected yesterday and I'm pulling my hair out. The rejection notice says there's a debtor name discrepancy but I copied it exactly from our security agreement. The security agreement shows the debtor as 'Midwest Manufacturing Solutions LLC' but apparently the Secretary of State system is flagging it as not matching their records. I've triple-checked the spelling and it looks identical to me. Has anyone dealt with this kind of security agreement format problem before? I'm worried we're going to miss our perfection window if I can't figure out what's wrong with the format. The collateral description section references equipment schedules that are attached to the security agreement - could that be causing issues too? Any advice would be appreciated.

The security agreement format requirements can be really picky depending on your state. Some states are more forgiving than others when it comes to minor name variations. Have you checked if your state has specific formatting guidelines for UCC filings? That might help you figure out exactly what format they're expecting.

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Great point about state-specific requirements. Each Secretary of State office can have slightly different standards.

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I found my state's UCC guide online and it had examples of acceptable name formats that really helped me understand what they were looking for.

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UPDATE: I figured it out! The issue was that our security agreement had 'Midwest Manufacturing Solutions LLC' but the state registration actually shows 'Midwest Manufacturing Solutions, LLC' with a comma before LLC. Such a tiny difference but it was enough to cause the rejection. Thanks everyone for the help - I'm resubmitting with the correct format now.

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This is exactly why I always double-check the state database before submitting any UCC filings. Those little details matter so much.

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Perfect example of why having a document checker tool would be so valuable. Would have caught that comma issue right away.

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EIDL UCC filing showing up wrong on credit report after payoff

Got my EIDL paid off 6 months ago but the UCC-1 lien is still active on my business credit reports. SBA said they filed the termination but I'm not seeing it anywhere. The original UCC filing number was what they gave me but when I search the state database it shows as 'Active' not 'Terminated'. This is killing my ability to get new equipment financing. Anyone else deal with EIDL UCC termination issues? I have the payoff letter but lenders want to see the actual UCC-3 termination filing in the system before they'll approve anything.

Follow up on the document verification - it really helped me identify the exact issue. Once I knew the debtor name mismatch was the problem, SBA fixed it within 2 weeks. Before that I was just spinning my wheels for months.

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Smart approach. Manual document comparison is where most people miss the critical details.

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Exactly. The automated cross-check caught stuff I never would have noticed reading through everything myself.

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Update us when you get it resolved! I'm sure other EIDL borrowers will run into this same issue.

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Debra Bai

Author

Will do. Thanks everyone for the advice - gives me a clear action plan now.

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These EIDL UCC issues are becoming more common as loans get paid off. Good to have solutions documented.

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