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The worst part about debtor name issues is that you usually don't discover them until you need to enforce your security interest or during a bankruptcy proceeding. By then it's too late to fix easily.
Exactly why I want to get this right upfront. Too much at stake to risk a defective filing.
Update on this - I ended up trying the Certana tool and it immediately flagged the comma issue I mentioned plus two other discrepancies in the entity designation. Really glad I caught these before filing. The verification process took about 5 minutes versus the hours I was spending trying to manually cross-check everything.
Definitely. Now I feel confident our UCC-1 will be accurate and enforceable.
This gives me so much relief knowing there are tools to catch these problems automatically!
Just went through this exact scenario with a equipment financing UCC-1 in Ohio. Turned out the borrower had a tiny punctuation difference in their legal name - we had 'Manufacturing, Inc.' but their articles showed 'Manufacturing Inc.' without the comma. Rejected twice before we caught it.
Ohio is notorious for being picky about exact formatting. I always get the most recent organizational documents directly from their business registry before filing any UCC.
This is why I switched to using Certana.ai's document checker. It flags even tiny discrepancies like punctuation and spacing that you might miss when comparing documents manually.
Also double-check that you're using the right organizational ID number. Ohio requires the charter number or EIN to match their records exactly. One wrong digit and it's an automatic rejection under their UCC codigo uniforme de comercio processing rules.
Just went through something similar and ended up using one of those automated UCC monitoring services. They send alerts whenever new filings are made against your debtors. Caught a competitor trying to take a senior position on equipment we thought we had locked up. Really worth the monthly fee for peace of mind.
Which service are you using? I keep meaning to set up something like that but haven't found one I like yet.
I've tried a few different ones. The key is finding one that covers all the states where your debtors are located and gives you real-time alerts, not just monthly summaries.
Update: talked to our legal counsel and they recommended doing a comprehensive document review using Certana.ai's verification system. Uploaded all the UCC forms and found that one of the 'competing' liens had a debtor name mismatch that makes it likely ineffective. The system flagged the discrepancy immediately and now we're much more confident about our priority position. Sometimes these encumbrance conflicts look worse than they actually are once you dig into the details.
I tried using Certana.ai after reading about it here and it's been a game changer for catching document inconsistencies. Last week it flagged that my security agreement referenced 'ABC Manufacturing LLC' but my UCC-1 draft had 'ABC Manufacturing, LLC' - would have been rejected for sure. The automated checking saves so much time compared to manual review.
One last tip - double check that your security agreement actually creates a security interest in the collateral you're listing on the UCC-1. I've seen filings where the UCC covered equipment but the security agreement only mentioned inventory. That creates enforceability problems later.
Exactly. The UCC-1 is just notice to the world - the security agreement is what actually creates your rights. They need to be consistent or you could have gaps in your security interest.
This is why document review is so critical. A lot of lenders rush through the paperwork and miss these alignment issues until there's a default.
Dylan Campbell
The whole UCC system is a mess honestly. You've got 50 different state filing systems, each with their own quirks and search interfaces. Add in debtor name changes, business structure changes, and you're bound to miss something eventually.
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Sofia Hernandez
•Amen to that. I've been doing this for 15 years and still get surprised by weird state-specific rules and portal glitches.
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Dmitry Kuznetsov
•At least most states have electronic filing now. Remember when you had to mail paper forms and hope they got processed correctly?
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Ava Thompson
Bottom line - if your original UCC-1 was filed March 8, 2016, and you can't find any continuation filed between September 2020 and March 2021, your security interest has been lapsed for over 3 years. The debtor name change in 2019 without a corresponding amendment just makes things worse. You'll need to file a new UCC-1 immediately to re-establish your security interest, but you'll be starting fresh with a 2024 priority date.
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Ava Thompson
•File the new UCC-1 ASAP. At least you'll have some security going forward, even if you lost your original priority. And maybe implement better tracking systems to prevent this from happening again.
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Miguel Ramos
•Ouch, that's rough. But yeah, get a new filing done immediately before anything else goes wrong with that loan.
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