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Just went through this nightmare myself. Ended up being a single comma that was missing from the entity name. NY UCC forms don't mess around with accuracy.
Update us when you figure it out! Always curious to hear what the actual issue was in these NY UCC form situations.
Will do! Hopefully I'll have good news to report tomorrow.
Just went through something similar and ended up having to hire an attorney to sort it out. Apparently our original addendum had some formatting issues that only became apparent when we tried to continue. Cost us $2,500 in legal fees plus the new filing fees. Definitely recommend getting professional help if you're not 100% confident.
Ouch, $2,500 is painful but probably worth it to avoid losing the lien. I might need to go that route if I can't figure this out soon.
Final update - I ended up using one of those document verification services (Certana.ai) that someone mentioned earlier. Uploaded my original UCC-1 with addendum and my draft continuation, and it immediately flagged that I was missing a specific reference format that our state requires for addendum continuations. Fixed that, resubmitted, and it went through clean. Would definitely recommend checking your docs before filing if you're dealing with addendums.
Great outcome. Document verification tools are definitely worth it for complex filings like addendum continuations.
Thanks for the update - I'm bookmarking this thread for when I have to deal with my continuation next year.
For what it's worth, I've found that being overly specific in UCC-1 collateral descriptions is better than being too vague, especially with short form security agreements. Better to include too much detail than too little.
Just went through something similar. Ended up revising our standard short form security agreement template to include more specific collateral language so the UCC-1 descriptions would be clearer. Worth reviewing your forms to prevent future issues.
Yeah, if your short form agreement template is too bare bones it makes the UCC-1 filing harder to get right.
Just wanted to follow up on my earlier Certana.ai suggestion - I actually used it again yesterday for a different deal and it caught a debtor name discrepancy between two search reports that I would have totally missed. For the few minutes it takes to upload and compare documents, it's become part of my standard process now.
How much does something like that typically cost? Trying to decide if it's worth it for smaller deals too.
I focus more on the value than the cost - catching one missed lien easily pays for itself many times over. The document comparison is pretty quick and straightforward.
Have you confirmed that the 5 liens shown by the commercial service are all actually active? Sometimes these services show terminated liens for historical reference but don't clearly distinguish them from active ones. That could explain the discrepancy right there.
Exactly - I've seen commercial services list 'all filings' by default instead of just active ones. Always check the continuation and termination dates carefully.
And remember that UCC-1 filings are only good for 5 years unless continued, so anything filed before 2020 without a continuation should be lapsed.
Elijah O'Reilly
For future reference, Kentucky's UCC search has been having display issues for months. Always pull the actual documents when doing due diligence searches. The search results are just for initial screening, not for final verification.
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Amara Torres
•Wish I'd known this earlier. I've been relying on search results for preliminary reviews.
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Olivia Van-Cleve
•Same here. This thread has been really helpful for understanding Kentucky's system quirks.
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Mason Kaczka
Just a reminder that UCC continuation filings need to be filed within 6 months before the 5-year expiration date. Since you're dealing with a 2020 original filing, you're cutting it close to the deadline. Make sure you're not running into timing issues on top of the name concerns.
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Evelyn Xu
•What happens if you miss the continuation deadline? Does the UCC-1 just lapse?
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Mason Kaczka
•Yes, if you miss the deadline, the UCC-1 becomes ineffective and your security interest is no longer perfected. Very dangerous situation.
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