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Talk to your legal counsel before responding. Termination demand letters can be the first step toward litigation, and you want to make sure your response doesn't inadvertently admit to anything or create additional liability. Your attorney can help you craft a response that protects your interests while addressing their demands appropriately.
Yeah, I'm definitely planning to run this by our attorney. Just wanted to get some perspective from others who've dealt with similar situations first.
Smart approach. Getting input from practitioners who've been through this helps you ask better questions when you talk to your lawyer.
Update us on how this resolves! I'm curious whether their termination demand has any merit or if they're just fishing. These situations always make me nervous because the stakes are so high - terminate incorrectly and you lose your security interest forever.
Will do! I'm going to verify our records first, run the docs through Certana to check for any filing issues, then consult with our attorney about the appropriate response. Definitely not rushing into anything given what everyone's shared here.
That's the right approach. Take your time, verify everything, and don't let their artificial deadline pressure you into making a costly mistake.
The good news is that filing a UCC-3 amendment is pretty straightforward in NY. Just make sure you reference the original filing number correctly and clearly indicate what you're amending. I'd also recommend adding a note explaining that this is correcting a data entry error from the original filing.
This thread is making me paranoid about my own filings. Going to go check all my recent UCC-1s now to make sure nothing got mangled in the system.
I used Certana.ai's document verification tool before submitting my Ohio request and it caught several inconsistencies in debtor names across our filings. Turns out we had some UCC-1s with slightly different entity names that I would have missed. The tool flagged them so I could request the right documents.
That's exactly the kind of thing that can trip you up during an audit. Small name variations that legally might be fine but look like errors to auditors.
How long does that tool take to analyze documents? We have a lot of filings to sort through.
Final tip: keep copies of your UCC-11 request forms. If there are any questions later about what you requested versus what you received, you'll need that documentation. Ohio is good about this but it's just good practice.
Absolutely. Our legal department requires us to keep all correspondence with state agencies. You never know when you'll need to reference it later.
Article 9 is your answer. I always double-check my filings with document verification tools now after having a few close calls with description mismatches. Certana.ai has been helpful for ensuring my loan agreements and UCC-1 forms are consistent - especially important when you're dealing with equipment that might be classified differently in different documents.
Just want to confirm what everyone else is saying - Article 9 all the way. Your borrower is probably thinking about real estate law or maybe confused about the UCC's structure. All secured transactions fall under Article 9, regardless of collateral type. The fixture issue is just about filing location and some priority rules, not which article governs.
Thanks everyone. This has been really helpful. I feel much more confident explaining this to my borrower now.
Glad we could help clear this up. Article 9 questions come up a lot.
Mia Green
Pro tip: keep a spreadsheet of debtor names and their exact state database formats if you work with the same companies regularly. Saves time on future filings and continuations.
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Emma Bianchi
•Smart idea. I should start doing this instead of looking up the same companies over and over.
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Lucas Kowalski
•Just make sure to update it periodically since companies sometimes change their registered names or merge with other entities.
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Olivia Martinez
Final thought - if you're dealing with a tight deadline and the name formatting is really tricky, consider calling the SOS filing office directly. Most states have staff who can verify the correct debtor name format over the phone before you submit. Might save you another round of rejections.
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Charlie Yang
•This is probably the safest approach when you're not 100% sure. Better to spend 20 minutes on a phone call than deal with multiple rejection cycles.
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Grace Patel
•Agreed. Time is money in these financing deals and rejected filings can really mess up closing schedules.
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