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Don't forget to update your internal records and notify the borrower about the amendment filing. Sometimes lenders forget this step and it can cause confusion later if anyone does a UCC search.
Good reminder. We always send a copy of the filed amendment to the borrower for their records.
Thanks everyone for the help! Sounds like UCC-3 amendment is definitely the right approach. I'll get the certified articles of incorporation and double-check everything before filing. Might look into one of those verification tools too - seems like a smart way to avoid rejections.
The Certana verification tool is definitely worth checking out. Super easy to use and catches things you might miss manually.
I dealt with a similar maine ucc search issue last year. Ended up having to get title insurance because we couldn't definitively clear all the liens. Sometimes that's the safest route for expensive equipment.
Title insurance for equipment - I didn't know that was an option. What does that typically cost?
Depends on the equipment value, but it was worth it for peace of mind on a six-figure purchase.
Update us when you figure this out! I'm dealing with a similar situation in New Hampshire and curious how it resolves.
Will do! I'm going to pull all the complete UCC documents first, then probably use that Certana verification tool to make sure I'm not missing anything.
Smart approach. Better to be thorough upfront than deal with lien issues later.
For equipment collateral descriptions, I like to include photos in my file even though they don't go in the UCC. Helps later if there are disputes about what was actually included in the collateral. Plus the borrower appreciates the documentation for their insurance purposes.
Usually have the borrower provide them but I specify what I need - clear shots showing serial numbers, manufacturer plates, etc. Makes it easier to write accurate descriptions.
Never thought of using photos for UCC prep but that makes total sense. Especially for unique or custom equipment.
Thanks everyone for all the advice! Sounds like I'm on the right track being extra careful about the debtor names. I'm definitely going to check out that Certana verification tool - anything that can catch name mismatches before filing sounds like it would save a lot of headaches. For the collateral description I think I'll go with the detailed approach listing major equipment pieces plus a catchall. Better safe than sorry with this much money involved.
Let us know how it goes. Always curious to hear about multi-entity deals and how they work out.
I always recommend keeping a spreadsheet of exact debtor names for each borrower, especially LLCs and corporations. Copy-paste from the state entity database to avoid these typing variations. Has saved me from multiple name mismatch issues over the years.
That's actually brilliant. Do you include the entity numbers too?
Yes, entity numbers, exact legal names, and formation dates. Makes UCC prep much more reliable.
UPDATE: I checked the Florida Division of Corporations database and the legal name is officially "ABC Manufacturing LLC" without the comma. So my original UCC-1 was correct and the continuation was wrong. Filing a UCC-3 amendment today to correct the debtor name on the continuation. Thanks everyone for the guidance - this community is incredibly helpful for navigating these UCC complexities.
Good catch on checking the state database. That should definitely resolve any lender concerns about the security interest.
Perfect resolution. For future filings, that document verification tool I mentioned would catch these inconsistencies automatically by comparing your UCC forms against the corporate records. Just upload the PDFs and it flags any name mismatches.
Freya Andersen
File your continuation ASAP and stop worrying about the collateral description unless your bank specifically requires changes. Generic equipment descriptions are valid as long as they reasonably identify the collateral category.
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Omar Farouk
•This. Don't create problems where none exist. Focus on the deadline that actually matters.
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NeonNova
•You're right. Going to file the continuation this week and then discuss any description concerns with our loan officer separately.
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CosmicCadet
Equipment liens are straightforward if you don't overthink them. Your description sounds adequate for UCC purposes. The bank might want more detail for their own records but that's different from legal perfection requirements.
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Chloe Harris
•Exactly. Banks often want more specificity than the UCC actually requires for valid perfection.
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Diego Mendoza
•Still worth checking though. A few minutes of verification can prevent months of headaches if there actually is an issue.
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