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Document everything in writing and set a reasonable deadline for their response. If they continue to stonewall, consult with your attorney about demanding proper documentation through formal channels.
Good advice - I'll send a formal written request with a 10-day response deadline.
Perfect. That creates a paper trail if this escalates to a priority dispute later.
Update us when you get their response! These multi-creditor situations always have interesting twists when you dig into the actual filings.
Will do - hopefully they cooperate and provide the filing details we need for verification.
Update: I ended up finding three additional UCC-1s I had missed initially by trying different name variations. Two were active continuations and one was a terminated filing I still wanted to review. Thanks everyone for the tips - this thread probably saved me from a major lien priority issue.
Great outcome. Mind sharing what the name variations were that you missed initially? Might help others avoid the same issue.
This whole thread is a perfect example of why UCC searching is more art than science. Every state has its quirks and you really need to know what you're doing to avoid missing critical filings.
Absolutely. I've been doing UCC work for 10 years and I still learn new search tricks regularly. It's definitely not as straightforward as people think.
This is why I always recommend using multiple search strategies and tools like Certana to cross-check everything. Too much money at stake to rely on a single search approach.
Update us when you get it resolved! I'm dealing with a similar Utah filing next week and want to avoid the same headaches.
Same here, good to know about these Utah-specific issues before I submit.
Final thought - make sure the LLC is still in good standing with Utah. If their annual report is overdue or they're administratively dissolved, that could cause UCC filing issues too.
Just went through this nightmare with a $165K excavator PMSI. Turns out our security agreement had the equipment model as "320DL" but the manufacturer's certificate of origin showed "320 DL" with a space. That tiny difference invalidated our whole filing according to the bankruptcy trustee's attorney. Now I triple-check every single character in equipment descriptions.
Only found out during the bankruptcy case when the trustee challenged our PMSI claim. Cost us the entire loan amount.
This is exactly why I started using automated verification tools. Too risky to rely on manual checking for these details.
Update: Finally got our PMSI filing accepted! The issue was definitely the debtor name - had to use "ABC Construction, LLC" with the comma. Also reformatted the collateral description per the earlier suggestion. Filed it as a UCC-1 with PMSI checkbox marked and included delivery date in the additional information section. Thanks everyone for the help - this forum saved our priority position on a major equipment loan.
Congrats! Now just remember to calendar your continuation deadline 5 years out.
Lukas Fitzgerald
Try calling the state filing office directly. Sometimes they can do a manual search or tell you if there are known issues with the online system. Most states have a UCC help desk that's actually pretty responsive.
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Ev Luca
•The phone support is usually way better than the online help. They can search by partial names or other criteria that the web portal doesn't allow.
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Avery Davis
•Just make sure you have all your business details handy when you call. They'll want incorporation dates, addresses, all possible name variations, etc.
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Collins Angel
UPDATE: Finally got to the bottom of this. Our attorney did file the UCC-1 but used our DBA name instead of our legal corporate name. The filing is valid but wasn't showing up in searches under our incorporation name. Going to file a UCC-3 amendment to add our legal name as an additional debtor name just to be safe. Thanks everyone for the suggestions - definitely learned to double-check name consistency across all our filing docs.
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Tate Jensen
•This is exactly why I always run document verification now before any major financing. Too many ways for name mismatches to cause problems later.
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Adaline Wong
•Great outcome. Might want to have a conversation with your attorney about UCC best practices to avoid this in future deals.
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