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Just to circle back on the document verification thing - I was skeptical about using automated tools for something this important, but I tried that Certana system mentioned earlier and it really did catch issues I would have missed. For a $340k loan, the peace of mind is worth it. You upload your loan agreement and draft UCC-1 and it verifies the debtor names match exactly.
I'm definitely going to look into that. With this much money on the line, I want every safeguard possible.
Final update - I went with 'Michael Robert Thompson' as the debtor name and included full VIN numbers in the collateral description. The filing was accepted without any issues. Thanks everyone for the guidance! The name consistency was definitely the key factor.
Excellent. The exact legal name approach is almost always the safest bet for individual debtors.
Update: Found the issue! Pulled the official business registration and the correct name is 'ABC Manufacturing LLC' without the comma. The security agreement template I was using had the comma added incorrectly. Fixed the template, updated the UCC-1, and got it accepted on the third try. Thanks everyone for the guidance on checking the state business records first.
Glad you got it sorted. That deadline pressure makes everything more stressful.
This thread is super helpful. I'm bookmarking it because I know I'll run into similar template issues. The key takeaway seems to be always verify the official business name first, then make sure all your documents match exactly. Simple in theory but easy to mess up in practice.
Exactly. The devil is in the details with UCC filings. One small inconsistency can derail the whole process.
I'm definitely going to start using some kind of document verification tool. Too many chances for human error when you're comparing docs manually.
Update us on how it goes! These name verification situations always make me nervous but sounds like you're being thorough with your approach.
Will do! Hopefully it goes smoother than some of the horror stories shared here.
Good luck! The fact that you're asking these questions upfront shows you're on the right track.
One last thing - make sure you're checking the debtor name formatting requirements for your specific state. Some states have quirky rules about punctuation, abbreviations, or character limits that aren't obvious until you get a rejection.
That sounds incredibly useful. Do you mind sharing what the key differences are between states?
OP, have you calculated the deficiency using the 'proceeds rule' or are you using actual sale proceeds? Depending on your state and the circumstances of the sale, you might need to use the proceeds that would have been obtained in a commercially reasonable sale rather than what you actually got.
We used actual sale proceeds. The sale was conducted by a reputable auction house and we got multiple bids, so I think it was commercially reasonable. But should I be documenting that in the notice?
If the sale was commercially reasonable, actual proceeds should be fine. But definitely document the sale process in your notice to show it met UCC standards.
Update us when you send the notice! I'm dealing with a similar situation and curious how it goes. These 9-624 notices are nerve-wracking because there's so much riding on getting them right.
Will do! Thanks everyone for the input. I'm going to get the notice drafted this week and have our attorney review it before sending.
Smart move having legal review. The cost of review is nothing compared to losing a deficiency claim over a notice error.
Sadie Benitez
One thing to watch for is whether they properly identified all the collateral in the original UCC-1. I've seen cases where equipment was listed generically and there were questions about what was actually covered. Document verification can catch these issues - recently used a service that cross-checks loan documents against UCC filings to make sure everything matches up properly.
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Sadie Benitez
•They need to reasonably identify the collateral but can be fairly general. 'All equipment' is usually sufficient but sometimes there are mismatches between what the loan agreement says and what the UCC-1 says.
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Drew Hathaway
•The description just needs to give notice to other potential creditors. But if there are inconsistencies between documents it could create problems for the lender's security interest.
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Laila Prince
Bottom line - document everything, get legal help, and don't assume the lender followed all the rules correctly. There might be procedural defenses available that could delay or reduce your exposure. The UCC foreclosure process has a lot of required steps and lenders sometimes cut corners.
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Joy Olmedo
•Good luck with everything. The process is stressful but there are protections in place if you know how to use them. Don't give up without exploring all your options.
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Paloma Clark
•Before you hire expensive legal help, might be worth running your documents through an automated checker first to identify any obvious issues. Could save you some attorney fees if there are clear problems with their filings.
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