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For future reference, I keep a backup plan for situations like this. There are private search companies that can pull UCC data when the state portals are down, though they charge more. Worth having their contact info for emergencies.
I'll send you a private message with the ones I've used. Don't want to advertise on here.
Update: just tried again this morning and the portal seems to be working better. Still not perfect but at least my searches are completing. Might have been a temporary issue that's getting resolved.
Just tried too and you're right, it's definitely improved from yesterday.
Still being cautious and doing small batches though. Don't want to jinx it!
Update: I pulled the actual charter documents and found that the legal name is 'ABC Manufacturing LLC' without the comma. The filing with the comma was done by a different lender who apparently didn't verify the exact legal name. This means that filing might not be enforceable, which changes the priority analysis significantly. Still working on identifying the third filing but this helps narrow things down.
This is a perfect example of why exact debtor names matter so much. That other lender might have an unenforceable security interest without realizing it.
Just curious - did you use any automated tools to verify the charter documents against the UCC filings? Manual comparison can miss subtle differences.
Final update: Turned out the third filing was under a previous DBA that the company used before converting to LLC status. The secured party confirmed it was terminated when they switched to the LLC structure but never filed a UCC-3 termination. So effectively only one active lien to worry about. Thanks everyone for the help working through this - definitely learned to be more thorough with name variations and entity history.
Classic case of sloppy record keeping by the secured party. They should have filed the termination when the entity structure changed.
Been following this thread - curious about the Certana tool mentioned earlier. Does it work for other states too or just Texas?
It works for any state since it's just checking document consistency, not filing rules. We use it for multi-state deals all the time.
That's helpful. We do business in multiple states so a universal tool would be ideal.
Thanks everyone for the suggestions! Going to research CSC, CT Corp, and that Certana verification tool. The document checking before submission sounds like it could save us a lot of headaches.
Definitely try the verification tool first - it's probably the cheapest way to solve your rejection problem.
Make sure you're not copying and pasting from a PDF. Sometimes that introduces hidden characters that cause rejections. Type everything manually from the official state records.
I did copy from the SOS website. I'll try typing it manually next time.
Any update on this? Did you get it resolved? I'm dealing with a similar issue in Washington and could use some guidance.
Fingers crossed! Let us know how it goes.
Hope it works out. Washington's system really needs to be more user-friendly.
Ravi Choudhury
The silver lining is that once you get this cleaned up, you'll have a much better process going forward. Sounds like this could be a blessing in disguise to overhaul your whole UCC procedure.
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Yara Sabbagh
•That's definitely the plan. We're already looking at implementing better checks and balances to prevent this from happening again.
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Ravi Choudhury
•Smart. Prevention is always cheaper than correction.
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Freya Andersen
I'd be interested to hear how this turns out. We're probably due for a UCC audit ourselves - this thread is making me nervous about our own portfolio. Keep us posted on what approach works best.
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Yara Sabbagh
•Will do. I'm hoping to have a game plan in place by next week. I'll update the thread once I've made some progress.
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Freya Andersen
•Thanks, looking forward to the update. This kind of information is really valuable for all of us.
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