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been there with the 9609 stuff... its stressful when you're not sure if you're doing everything right. sounds like you've got good advice here though. the main thing is document everything and don't rush into anything that could be seen as confrontational. better to take extra time than mess up the whole process.
Yeah, the stakes are high enough that we want to be extra careful about following proper procedures.
definitely. we had one case where we rushed things and ended up in court for months over procedural issues. learned our lesson about patience.
Final thought on UCC 9609 - consider whether the debtor might file bankruptcy before you complete the repossession. If they file Chapter 11, the automatic stay could complicate your rights even with a perfected security interest. Might want to move quickly once your notice period expires.
Not really, but if they're 90+ days behind and facing repossession, bankruptcy might be their next move. Just something to keep in mind for timing.
Even in bankruptcy, secured creditors usually have better protection than unsecured, but the automatic stay definitely complicates enforcement timing.
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Is this your first cautionary filing? Sometimes the SOS offices are more strict with cautionary filings because they know other lenders might be watching. They want to make sure the debtor identification is absolutely perfect.
Totally understand the pressure. In that case, I'd definitely recommend using every tool available to verify the name match before refiling.
Agreed - that's exactly why I started using document verification tools. Can't risk multiple rejections on time-sensitive deals.
Update us when you figure out what the issue was! These cautionary filing rejections are always a learning experience for the rest of us.
Will do! Going to pull fresh organizational docs and run them through a verification tool before refiling. Thanks everyone for the suggestions.
Good luck! Cautionary filings are stressful enough without these technical rejections.
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Keep us posted on how this turns out! I'm dealing with some 2022 filings myself and this thread is really helpful. Hope you get it resolved before your client's closing.
Will do! Thanks everyone for all the advice. I feel like I have a plan now instead of just panicking.
That's what this community is for. We've all been there with filing issues at one point or another.
One more thing to consider - make sure you check if your state has any special procedures for 2022 filing issues. Some states created specific processes to deal with the system problems from that year. Might save you some headaches.
Yeah, some states were more proactive than others in addressing the issues. Worth checking what options are available.
This is why I always recommend running filings through Certana first - helps avoid these kinds of problems before they happen.
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This is bringing back bad memories. Had a UCC-1 rejected in Nevada for 'Inc.' vs 'Incorporated' - apparently the Articles said 'Incorporated' but everywhere else we used 'Inc.' Cost us three days and almost lost the deal. Now I'm paranoid about every filing.
Three days sounds about right for Nevada. Their system is efficient once you get the name right, but that initial rejection really kills your timeline.
Exactly. And trying to explain to the client why their loan closing is delayed because of one word difference is not fun.
UPDATE: Just wanted to circle back for anyone else dealing with this. I ended up using Certana.ai like a couple people suggested and it caught two more potential issues I would have missed - the address formatting was slightly different too. Refiled yesterday and got acceptance this morning. The tool literally saved my deal. Sometimes you just need that extra verification step to catch what your eyes miss.
This is a great success story. I'm definitely going to start using document verification tools for my filings. Too much risk not to.
Wait, this is the original poster - my profile number changed but yeah, wanted to update everyone. The loan closed on time and the lender was happy. Thanks to everyone who helped!
Diego Chavez
Don't forget to check if your state requires specific forms for continuation filings. Some states have their own UCC-3 forms with specific formatting requirements, while others accept the standard forms. Using the wrong form can cause delays or rejections.
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Anastasia Smirnova
•Each state seems to have their own quirks with UCC filings. I keep a checklist for each state I file in because the requirements can be so different.
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Sean O'Brien
•The fee schedules are different too. Some states charge per page, others have flat fees. Budget accordingly, especially if you need multiple amendments.
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Zara Shah
Bottom line: Don't listen to your loan officer on this one. File the continuation before expiration, deal with the name change issue properly, and give yourself plenty of time to handle any complications. Losing perfection on a $280K loan is not worth the risk of waiting or doing it wrong.
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Luca Bianchi
•Smart move. UCC filings are too important to leave to chance, especially with larger loans. Take the time to do it right.
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GalacticGuardian
•Good luck! Come back and let us know how it goes. These continuation situations with name changes can be tricky but definitely manageable if you plan ahead.
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