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Just to add another perspective - I've seen lenders get really upset when filings are delayed due to name issues. They view it as basic due diligence that should be caught upfront.
True, but sometimes the client provides inconsistent documentation and you don't catch it until filing.
That's why document verification tools are becoming essential. Catches these issues before they become problems with the lender.
Update on my situation - ended up amending the security agreement to match the Texas charter exactly, then refiled the UCC-1. Got approved within 24 hours. Lesson learned about checking state records first!
This thread is making me paranoid about my own filings. Going to do a UCC filing look up on all my active liens tomorrow morning. Better safe than sorry.
Good idea. I try to do a quarterly review of all my UCC filings just to make sure everything looks right in the system.
That's probably overkill but I respect the thoroughness. I usually just check before renewal deadlines.
Update us after you file the amendment! I'm curious how long it takes to show up correctly in the UCC filing look up system. These kinds of corrections always make me nervous until I can verify they processed correctly.
Smart approach. I always screenshot the before and after just to have documentation of the correction.
That's actually brilliant. Never thought to document the lookup results but it could be useful if there are ever questions about timing.
Used Certana's verification tool after reading about it here - uploaded our UCC-1 draft and loan docs. Caught three potential issues including a mismatch between our trade name and legal entity name on the filing. Saved us from having to refile and potentially losing priority position.
Seems like name accuracy is a bigger deal than I realized. Good to know there are tools to catch that stuff.
Yeah, debtor name errors are apparently one of the top reasons UCC filings get challenged or deemed ineffective.
Bottom line - UCC filing costs almost nothing compared to your loan amount, but protects both parties in ways titles alone cannot. It's about legal priority, not just ownership documentation.
Smart move. Your loan officer will appreciate not having to explain UCC law anymore too!
One more thing to consider - if this is an SBA loan, make sure your UCC filing timing aligns with SBA requirements. They have specific rules about when security interests must be perfected.
Not an SBA loan in this case, but good reminder about checking any special program requirements.
Thanks everyone, this has been really educational. I feel much more confident about moving forward with the UCC-1 filing now.
Glad we could help! The key is understanding that the binding credit commitment provides the value needed for attachment.
Good luck with your filing! These timing issues can be tricky but you've got the right approach.
Haley Bennett
Whatever you do, don't let the factor keep operating with inconsistent UCC filings. If they're purchasing receivables thinking they have security and they don't, that's a recipe for legal problems down the road.
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Douglas Foster
•Absolutely. The factor needs to know their security position is compromised until this gets fixed.
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Nina Chan
•Would the factor have any recourse against whoever filed the inconsistent UCC-1s in the first place?
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Ruby Knight
Thanks everyone for the advice. Sounds like we need to stop everything and get the UCC filings cleaned up before the factoring continues. Going to run comprehensive searches under all name variations first, then work with the factor to refile everything correctly. This is going to be expensive but better than having invalid security interests.
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Logan Stewart
•Definitely get professional help with this. Too much at stake to DIY when you're dealing with factoring and receivables security.
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Mikayla Brown
•Keep us posted on how it goes. Always interested to hear how these UCC factoring cleanups work out.
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