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Honestly this whole thing sounds like a headache waiting to happen. Banks are terrible at following through on administrative stuff like this. I'd be prepared for delays and have backup plans ready.
While delays can happen, most established lenders have pretty good processes for UCC terminations after loan payoff. It's routine for them.
Maybe I've just had bad luck but I've seen too many 'routine' things get messed up by banks.
Update us when you get the termination filed! Always curious to hear how these situations work out and whether the lender actually meets their timeline.
Will do! I'll post an update once the UCC-3 termination is filed and confirmed in the Delaware system.
Looking forward to hearing how it goes. These real-world timelines are helpful for others in similar situations.
If you're still stuck, there might be a formatting issue with how you entered the collateral description. UCC 10 year continuations sometimes require the collateral description to match the original exactly, including punctuation and line breaks.
The collateral description is pretty lengthy on the original UCC-1. I tried to copy it exactly but there could be formatting differences I missed.
Update us when you figure it out! I have a UCC 10 continuation coming up in a few months and want to avoid the same pitfalls.
This is a perfect example of why we need better automated monitoring for UCC filings. The fact that debtors can change names without any automatic notification to secured parties is ridiculous. At least with real estate you have recording systems that create better visibility.
Some of the newer UCC monitoring services are getting better but they're still not perfect.
The whole system needs an overhaul but we're stuck working within what we have.
File the UCC-3 amendment immediately and consider whether you need to take any protective steps regarding the collateral while you sort out the perfection status. Better to be overly cautious with an $850K exposure.
Good call. Hope it works out and you don't have any priority issues during the gap period.
Update us when you get it figured out! These NY amendment issues seem to come up a lot and it would be helpful to know what ultimately worked.
Will do. Going to try the entity database check and that document verification tool someone mentioned. Really appreciate all the suggestions.
Actually had success with Certana.ai recently for a similar situation. The document checker caught that my collateral description had a tiny formatting difference between the original UCC-1 and amendment that was causing rejections. Saved me probably 2-3 more rejection cycles.
Does it work for other states too or just NY? I've been having similar issues with amendments in PA.
Works for any state since it's just comparing your documents for consistency. The state-specific rules still apply but at least you know your paperwork matches up.
Madison Tipne
Just went through something similar with a client's LLC filing. Turns out their LLC name in their operating agreement was slightly different from what they actually registered with the state. Had to use the state-registered name per 9-102 even though it didn't match their internal docs. Always check the actual state filings, not just what the client tells you their name is.
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Holly Lascelles
•This happens more than you'd think. Clients often don't realize their official registered name is different from what they use day-to-day.
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Malia Ponder
•I always ask clients to send me a copy of their articles of incorporation or LLC filing instead of just asking them what their legal name is. Saves so much hassle with 9-102 compliance.
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Kyle Wallace
One more thing about your timing concern - if you're approaching the 20-day window and worried about additional rejections, you might want to consider doing a protective filing with a broad collateral description just to preserve your priority, then clean up the debtor name issues with amendments afterward. Better to have imperfect perfection than no perfection at all.
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Ryder Ross
•Just make sure your 'protective filing' still has the correct debtor name per 9-102 or you're not really protected. The collateral description can be broad, but the debtor name has to be exactly right.
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Gianni Serpent
•I tried this approach once with a questionable debtor name and it backfired when we couldn't get the amendment accepted either. Better to get the name right the first time using current state records.
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