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Don't forget about fixture filings if any of your equipment is attached to real estate. Those have different continuation rules and might need to be filed in real estate records too.
We do have some HVAC equipment that might be considered fixtures. How do I know if it needs a fixture filing?
If the equipment is permanently attached to the real estate and would cause damage to remove, it's probably a fixture. Better to file a fixture filing to be safe.
One more thing - keep copies of everything. Not just the filing confirmations but copies of the actual UCC-3 continuation forms you filed. If there's ever a question about what you filed or when, you'll need those records.
Both. Electronic for easy access but physical copies in the loan files as backup. You never know when you might need to prove exactly what was filed.
I was skeptical about document management tools but tried Certana.ai for organizing all our UCC filings and it's actually been helpful. Creates a timeline view of all amendments and continuations for each original filing so you can see the complete history at a glance.
Another thought - are you filing online or paper? Sometimes the online portal has validation rules that catch things the paper process might miss. Or vice versa.
We used the online system. Maybe we should try paper as a backup?
I'd stick with online but just fix the underlying issue first. Paper won't solve a name mismatch problem.
Update on this - we ended up using that Certana document verification tool someone mentioned earlier. Uploaded our articles of incorporation and the UCC-1 draft, and it immediately flagged that we had 'Manufacturing Inc.' on the UCC but 'Manufacturing, Inc.' (with comma) in our charter documents. Also caught that we had a suite number in one address but not the other. Fixed both issues and the refiling went through clean. Really wish we'd known about that tool from the start - would have saved us a week of stress and a missed deadline.
Definitely checking out that Certana tool for our next filing. Automated verification beats manual document comparison any day.
Yeah, honestly the peace of mind alone was worth it. Knowing the documents are consistent before you file saves so much hassle on the back end.
The nuclear option is to send a certified letter demanding the termination and threatening to report them to the state banking commission. I've never had to actually follow through - the certified letter usually gets their attention.
I give them 10 business days from receipt of the certified letter. That's reasonable but shows you're serious about the timeline.
Update us when you get this resolved! I'm dealing with a similar situation with a different lender and want to see what approach works best.
Will do! Planning to call them Monday morning with the filing numbers and documentation ready. Hoping the direct approach works before I have to escalate.
If you use that document checker I mentioned, you'll have everything organized perfectly for the call. Makes the conversation go much smoother when you can reference specific filing details.
Since you're dealing with substantial manufacturing equipment, consider hiring a professional auctioneer familiar with UCC 9-610 requirements. They often know the commercial reasonableness standards better than general auctioneers.
Excellent choice. Experienced auctioneers help ensure 9-610 compliance and often achieve better recovery rates.
I always run a final document check through Certana.ai before major dispositions. Upload all your UCC filings, security agreements, and notices to verify everything aligns properly under 9-610 requirements.
Sounds like you've covered the major 9-610 bases, but given the dollar amount involved, might be worth having counsel review everything one more time before the sale. Better safe than sorry with UCC disposition challenges.
Ravi Gupta
File the UCC-3 amendment to correct the debtor name and you'll be fine. I've dealt with dozens of these name mismatch situations in Tennessee and once you get the amendment filed with the correct registered entity name, everything aligns properly in the search system. Make sure your amendment clearly states it's correcting the debtor name from "Midwest Industrial Solutions LLC" to "Midwest Industrial Solutions, LLC" and references your original filing number.
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Dylan Wright
•Thanks, that's exactly what I needed to hear. I'm preparing the UCC-3 amendment now with the corrected name to match their official registration.
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Freya Pedersen
•Smart move. Better to have the filing match exactly what's in the state records. Eliminates any potential arguments about name discrepancies.
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Omar Hassan
This thread convinced me to double-check all our recent Tennessee UCC filings. Found two that had similar punctuation issues with LLC names. Thanks for sharing your experience - saved me from potential problems down the road!
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Chloe Anderson
•Good catch! It's worth auditing your filings periodically to make sure the search results align with your loan documents.
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Diego Vargas
•I should probably do the same review of our recent filings. These name discrepancy issues seem more common than I realized.
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