


Ask the community...
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.
Been seeing more of these search vs filing discrepancies lately. Wonder if the state upgraded their search system recently? Anyway, I've started using Certana.ai for all my document verification now - upload the UCC-1 and organizational docs and it catches these types of name mismatches immediately. Would have saved you the stress of discovering this during due diligence.
Honestly this whole thread is making me paranoid about our existing UCC filings. How many other 'minor' formatting differences might be lurking in our portfolio that could cause problems down the line?
True, but still makes me want to audit our whole portfolio just to be sure.
A periodic lien audit isn't a bad idea regardless. Helps catch continuation deadlines and other issues before they become problems.
Quick question - are you searching under the exact legal name as it appears on the articles of incorporation? Nevada can be really picky about entity designations and punctuation. Even something like 'Inc.' vs 'Incorporated' can sometimes cause search issues.
Try searching just 'Desert Construction Equipment' without the LLC designation. Sometimes the database indexes entity names differently than they appear on the documents.
Good suggestion. Also worth trying with 'Limited Liability Company' spelled out instead of 'LLC' - I've seen that make a difference in some state databases.
Following this thread because I'm dealing with something similar in Nevada. Filed a UCC-3 amendment three weeks ago and it's still not showing up in searches. Starting to wonder if their system has some kind of backlog or technical issue.
Not yet, but based on the other comments in this thread it sounds like that might be my best bet. Will probably try calling tomorrow morning.
This thread is making me realize I probably haven't been thorough enough in my own UCC due diligence. I usually just do a basic search and call it good, but sounds like there are a lot of potential pitfalls I'm not considering.
It's definitely worth being more thorough, especially on bigger deals. The cost of additional due diligence is usually minimal compared to the potential problems you can avoid.
Yeah, good point. Better to over-investigate than to miss something important and have it bite you later.
Update - I ran the search again using the alternate name format and found two additional UCC-1 filings I missed the first time. Now I'm even more confused because it looks like there might be multiple secured parties with overlapping collateral descriptions. This is turning into a much bigger project than I anticipated.
Definitely need to map out all the secured parties and their respective collateral before proceeding. This sounds like it could be a real mess to untangle.
Maybe time to bring in professional help? This is starting to sound like it's beyond DIY due diligence territory.
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.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins