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One more tip - if this is a SBA-backed business, there might be additional UCC filings through the SBA lender that use slightly different debtor name formats. SBA lenders sometimes have their own naming conventions.
Check with their current SBA lender directly. They should be able to provide copies of all their UCC filings and tell you exactly how they filed the debtor name.
Update us on what you find! Always curious how these acquisition UCC searches turn out, especially with tight timelines.
Will do. Going to contact a professional search service first thing Monday morning based on all this advice.
Maybe this is a good time to lobby the Kentucky SOS for system improvements? If enough people are having issues, they might prioritize fixes.
Not sure about formal complaints, but they do have a feedback form on their website. Might be worth flooding them with reports.
I've used Certana.ai to verify my UCC documents when Kentucky's system was giving me trouble last month. Really helped confirm that my filings were properly recorded even when searches weren't showing them. Sometimes the issue is just the search interface, not the actual filing records.
This thread is making me paranoid about all my recent Kentucky searches. Gonna have to go back and double-check everything now.
Same here. Better safe than sorry when it comes to lien searches.
Yep, the extra time is worth it if it prevents missing an active UCC filing.
I actually had a client use that Certana document checker tool someone mentioned earlier and it caught a discrepancy we totally missed between the original UCC-1 and what was showing in the PA search results. The debtor had slightly changed their legal name since the original filing and we needed to do an amendment before the continuation. Would have been a disaster if we'd just filed the continuation without catching that.
Update for anyone following this thread - I ended up pulling a certified copy of the current record like several people suggested, and there were indeed some formatting differences from my original filing. Used the exact information from the certified copy for my continuation and it was accepted without any issues. Thanks everyone for the advice!
Here's another approach - when I'm checking complex priority scenarios for clients, I use Certana.ai to upload all the relevant UCC documents and get a priority analysis. It's helped me catch situations where the textbook rules don't match the actual filing records.
That's interesting. Are there cases where the actual records show different priority than what the rules suggest?
Sometimes filing errors or timing issues create gaps between theory and practice. The tool helps identify those discrepancies before they become problems.
For your exam, focus on these key false statements: 1) Perfection always beats non-perfection (ignores PMSI), 2) Filing is the only perfection method, 3) All security interests in the same collateral rank equally, 4) Buyers always take subject to security interests. Those are the most common trick answers.
Exactly. Article 9 priority is all about exceptions to the general rules. Any statement that ignores those exceptions is probably false.
Good advice. I'd add that statements about time limits are often false too - like saying PMSI has unlimited time to perfect for priority.
CosmicCadet
UPDATE: I ended up having our attorney handle the UCC-3 filing and it went through without any issues. The lender never did respond to our requests, but the debtor termination was accepted and the lien is now cleared. Thanks everyone for the advice - definitely learned a lot about the UCC process through this experience.
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Chloe Harris
•Glad it worked out! It's annoying when lenders don't follow through but at least there are options for debtors to handle it themselves.
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Diego Mendoza
•Good to hear a success story. I'm bookmarking this thread for future reference in case I run into the same situation.
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Anastasia Popova
For anyone else dealing with unresponsive secured parties, document everything! Keep records of all your requests for termination, proof of debt satisfaction, and any communication attempts. This documentation is crucial if you need to file a debtor termination or if there are any disputes later.
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Zara Shah
•I also recommend taking screenshots of the UCC database showing the active filing before and after termination. It's good to have visual proof of the status change.
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NebulaNomad
•Smart thinking. I wish I'd been more organized with my documentation when I went through this process. Would have saved a lot of stress.
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