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This thread is giving me flashbacks to my own utility filing nightmare. After trying everything else, I ended up using that Certana.ai document checker mentioned earlier. It actually caught that my UCC-1 had the right name but the wrong filing jurisdiction - the system was rejecting it because I was in the wrong state database entirely. Sometimes the issue isn't what you think it is.
Wow, wrong jurisdiction entirely? That would explain why nothing else was working. I'll definitely give that tool a try to see if there's something I'm missing completely.
UPDATE: Finally got it resolved! It was the comma issue mentioned earlier plus the fact that the company had a DBA filing that was interfering with the name match. Had to use the exact registered name format 'Midwest Power Transmission, LLC' and include their DBA information in the additional debtor section. Portal accepted it immediately after that. Thanks everyone for the help - this forum saved my sanity.
Nice work figuring it out. That's exactly the kind of detail that trips people up. At least now you know what to watch for on future utility filings.
DBA filings are so annoying. Should be a standard part of the due diligence checklist but somehow always gets missed until you're fighting with the portal.
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.
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.
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.
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.
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.
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.
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.
Liam O'Reilly
File the correction amendment first, then refile your collateral amendment. Or if your state allows, you might be able to do both in a single UCC-3 - correct the name AND add collateral. Check with your filing office about combining amendments.
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Chloe Delgado
•Some states are picky about combining different amendment types on one UCC-3. Missouri makes you file separately.
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Liam O'Reilly
•Good point - safer to file separately to avoid another rejection for multiple amendment types.
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Ava Harris
Used to work at a filing office - the comma vs no comma thing causes SO many rejections. The computer matching is literal character comparison. We'd see the same filers make this mistake repeatedly. Always pull your original filing first and match it exactly.
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Jacob Lee
•Did you see patterns in which types of entities had the most name variation issues?
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Ava Harris
•LLCs were the worst because of comma placement and abbreviation differences. Corps had issues with Inc vs Incorporated vs Corporation.
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