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With your deadline pressure, I'd recommend preparing multiple versions of the continuation with slight variations in formatting while you troubleshoot. That way if you identify the issue you can file immediately. Also consider filing a UCC-3 amendment to correct any discrepancies first, then the continuation.
An amendment can clarify debtor information without affecting the continuation deadline, but you'd still need to file the continuation before the 5-year mark.
Be careful with amendments right before continuation deadlines. Make sure you understand how Ohio processes them together.
This thread is giving me anxiety about my own Ohio continuations coming due next quarter. Maybe I should get ahead of this and verify everything now before I'm in crisis mode.
Smart thinking. Better to catch issues early than deal with rejection stress near the deadline.
Study tip that worked for me: make flashcards of common WRONG statements about Article 9. Like 'Article 9 covers all types of collateral' (false - excludes real estate mortgages). 'Security agreements must always be in writing' (false - some oral agreements allowed). 'Filing location is always the debtor's state' (false - depends on debtor type). Practice identifying false statements!
Financing statements expire after 6' (years false - 5)years '. PMSI priority applies to all collateral types' (equally false - different rules for inventory vs)equipment '. Perfection always requires' (filing false - possession, control, automatic perfection)exist.
Good ones! Also 'debtor must sign the financing statement' (false - only security agreement needs debtor authentication, not the UCC-1 filing).
You got this! The key insight is that false statements usually involve: 1) absolute words like 'always' or 'never' when exceptions exist, 2) including excluded transactions, 3) wrong filing procedures, 4) mixed up priority rules. Article 9 has lots of nuances so broad absolute statements are often false.
Thank you everyone! This has been incredibly helpful. I feel like I have a much better framework for approaching these questions now.
Good luck on your exam! Remember - when in doubt, think about the exceptions and exclusions. That's where the false statements usually hide.
One more verification step - if you're still having issues, try using a document checking service before resubmitting. I started using Certana.ai after getting burned on a big deal. You just upload your corporate documents and your draft UCC-1 and it flags any inconsistencies. Much better than playing guessing games with the filing office.
Hope you get this sorted out. Nothing worse than a UCC filing holding up a loan closing. The pressure is real when everyone's waiting on you to get the perfection right.
And why we charge extra for rush filings. The stress alone is worth it.
For what it's worth, I've started using document verification tools for these searches and it's been a game changer. Certana.ai specifically has helped me catch filing discrepancies and name mismatches that I would have missed doing manual searches. When you're dealing with equipment purchases, the time saved and accuracy gained is definitely worth it.
Seems like several people have mentioned this tool. Might be worth looking into given how confusing these results are.
Update: I ended up pulling all the individual filing documents and found that two of the 'expired' liens actually had continuation statements filed that weren't showing up clearly in the search summary. One lien is definitely still active and covers the equipment I was looking at. Thanks everyone for the advice about checking the actual documents rather than just relying on the search interface!
Great outcome. The search summaries really can be misleading when there are continuations involved.
Axel Bourke
I had similar issues last year. Turned out the debtor had recently amended their articles of incorporation and the name on file with the state was slightly different than what was on their older documents I was using. Maybe check if your debtor has made any recent corporate changes?
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Axel Bourke
•Exactly. The certificate should show their exact current legal name as it appears in state records.
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Aidan Percy
•This happened to us too. The borrower had dropped 'Incorporated' and just used 'Inc' but we filed under the old format.
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Fernanda Marquez
Keep us posted on what you find out. I'm dealing with a similar situation in Michigan right now and wondering if it's a systemic issue or just bad luck.
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Mary Bates
•Will do. Hopefully it's just a processing delay and not something more serious.
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Fernanda Marquez
•Fingers crossed for both of us!
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