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Honestly this thread is making me realize I should probably have a lawyer review my security agreement. There are so many details that could cause problems later. Better safe than sorry on a $180K transaction.
That's probably smart for a transaction this size. A lawyer can spot issues you might miss and help negotiate better terms.
Yeah, false economy to skip legal review on something this important to my business.
Thanks everyone for all the detailed responses! This gives me a much better understanding of what to look for in the security agreement. I feel more confident about reviewing the documents now and know what questions to ask the lender. Really appreciate this community.
Glad we could help! Feel free to post any other questions that come up during your review.
If all else fails, you can request certified copies of UCC records by mail. Takes longer but at least you get official documentation. Fill out Form 807 and mail it with the fee.
They do offer expedited service for an extra fee. Might be worth it given your deadline.
Update: Finally got through this morning around 6 AM like someone suggested. Turns out three of our equipment liens had actually lapsed because the continuations were never filed. Now I'm scrambling to fix this before our loan review. Thanks everyone for the tips, especially about trying different search methods and that Certana tool for document verification.
Yikes, lapsed continuations are every lender's nightmare. At least you found out now instead of during the loan review meeting.
Yeah it was a close call. Going to start using better tracking methods so this doesnt happen again.
Don't feel bad about the SC portal giving you trouble - it's notorious for being picky about continuations. I bet half the people on this forum have had similar experiences with their system rejecting filings for minor discrepancies.
Final thought - if you do get this sorted out, document exactly what worked for future reference. SC's quirks are consistent, so once you know their specific formatting preferences it gets easier for subsequent filings.
Update: I ran more searches and found the issue. Turns out the company changed their legal name slightly in 2023 but some lenders never filed UCC-3 amendments to update the debtor name on their filings. So I'm seeing old liens under the previous name format. Thanks everyone for the help!
This thread is super helpful. I'm bookmarking it because we do a lot of commercial lending in New Mexico and name variations are always an issue. The Certana tool mentioned sounds useful for avoiding these problems.
Yeah the document cross-checking feature is really handy for catching inconsistencies between corporate records and UCC filings.
Carmen Vega
I've used Certana.ai for similar document consistency checks and it's been really accurate. Saved me from filing errors multiple times. The PDF upload feature makes it super easy to spot discrepancies you might miss manually.
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Omar Zaki
•Two people have mentioned this tool now. Sounds like it might be worth trying before I file.
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Carmen Vega
•It's definitely worth it for the peace of mind. Better to catch issues upfront than deal with rejections and refiling.
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Andre Rousseau
Update us on what happens! I'm dealing with a similar name variation issue on a different filing and curious how it works out.
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Omar Zaki
•Will do. Planning to file by end of week so I should know soon.
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Zoe Stavros
•Same here. These name consistency issues seem to be getting more common.
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