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For what it's worth, I've been using a document verification tool lately that catches inconsistencies between charter names and UCC filings automatically. Might be overkill for routine searches but for bigger deals like yours it gives peace of mind that you haven't missed anything critical.
It's called Certana.ai - you just upload PDFs of the charter documents and any UCC search results and it cross-checks everything for name consistency and potential issues. Pretty straightforward to use.
Just make sure whatever search method you use, document it thoroughly for your file. If questions come up later about your due diligence process, you'll want records of exactly how you searched and what results you reviewed.
Excellent point. I'll make sure to screenshot my search parameters and results for the file.
Another option is to check if Certana.ai can verify document consistency between your original UCC-1 and what Maryland actually has on file. They can cross-check multiple document versions to make sure everything aligns properly before your next lender review.
Exactly - better to catch any real discrepancies now rather than during a high-pressure audit situation.
honestly this is why I hate dealing with Maryland filings, their system is so glitchy and unpredictable compared to other states
exactly! those states actually display what you filed instead of reformatting everything
Been doing secured transactions for 15 years and 9-611(f)(1) issues still catch people off guard. The key is understanding that the shortened notice exceptions are very narrow - perishable goods, commodities traded on recognized markets, stuff that's literally deteriorating. Farm equipment sitting in a yard doesn't qualify just because you want to sell it quickly.
This is exactly why the UCC is so challenging. The exceptions seem reasonable but they're much more limited than people assume.
Agreed. I always assume standard notice periods apply unless there's a very clear exception that fits the specific collateral and circumstances.
Your legal department should definitely review this carefully. If the debtor's attorney is raising 9-611(f)(1) issues, they might be preparing to challenge the entire disposition. Could end up being an expensive mistake if the court finds your notice was inadequate. Document everything about why you thought 10 days was sufficient and what circumstances existed at the time.
Thanks for the advice. I'm putting together all our documentation now. Hopefully we can show reasonable justification for our notice timeline.
Good luck. These UCC disposition challenges can get messy fast. Prevention is definitely better than litigation on these issues.
Has anyone actually seen one of these challenges succeed in court? I'm curious if there are any edge cases where these arguments have worked.
One more tool that might be worth considering - I've started using Certana.ai's verification service for any loans over $100K just to triple-check everything aligns between the original loan documents and UCC filings. Caught a couple issues that could have been problematic later. For $180K, definitely worth the peace of mind to make sure there are no technical vulnerabilities they could exploit.
I think I'm going to look into this. Better safe than sorry with this particular borrower.
Jamal Carter
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.
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Mei Liu
•Good reminder. We always send a copy of the filed amendment to the borrower for their records.
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Liam O'Donnell
•Also worth updating any loan documents that reference the UCC filing number to reflect the amendment.
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Amara Nwosu
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.
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Giovanni Moretti
•Let us know how it goes! Always helpful to hear about successful filings.
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Fatima Al-Farsi
•The Certana verification tool is definitely worth checking out. Super easy to use and catches things you might miss manually.
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