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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.
Would the factor have any recourse against whoever filed the inconsistent UCC-1s in the first place?
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.
Had this exact problem last year with a different lender. Turned out they were waiting for some internal approval process that took forever. I finally threatened legal action and it got filed the next day. Sometimes you just have to be the squeaky wheel.
Legal threats definitely work. Most lenders don't want the hassle of fighting over a termination.
Update us when you get this resolved! I'm dealing with a similar situation and want to know what approach works best.
Will do. Going to try the document verification approach first to see if there's a name issue, then escalate to their UCC department.
Good plan. Document everything for your records too.
I've been filing UCC-1s in New Mexico for 12 years and the rejection rate has definitely increased. Part of it is automated screening catching things that used to slip through, part of it is stricter interpretation of the requirements. The electronic filing system flags potential issues that human reviewers might have missed before.
That makes sense. Technology cutting both ways - easier to file electronically but also easier for them to catch minor errors automatically.
The electronic system is definitely more consistent but also less forgiving. No more relying on helpful clerks to overlook minor formatting issues.
Make sure you're also checking the debtor's exact legal name in the New Mexico business database before filing. Even small differences like missing commas or different entity abbreviations will cause rejections. The UCC-1 debtor name has to match their state registration character for character.
This is where document checking tools really help. Manual name verification is tedious and error-prone, especially when you're doing volume filings.
The New Mexico business search is free online, so there's really no excuse for name mismatches. Just takes a few extra minutes to verify.
For what it's worth, I had a similar UCC-1 lein situation resolve after using that Certana.ai tool someone mentioned earlier. It caught a subtle spacing issue between our charter and UCC-1 form that I never would have noticed. Worth trying if you're stuck in rejection cycles.
I'm always skeptical of these automated tools but if it prevents another rejection cycle it's probably worth it.
Update us when you get the UCC-1 lein filed successfully. These rejection stories help everyone learn what to avoid. The equipment financing space needs more shared knowledge about filing best practices.
Savannah Weiner
Been there! When I was refinancing last year I found three different UCC filings I had completely forgotten about. Two were still active even though I'd paid off the underlying loans. Had to get UCC-3 termination statements filed to clear them up before my new lender would close.
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Savannah Weiner
•About 2-3 weeks once I contacted the lenders. Some were faster than others. One lender had been acquired by another bank which made it more complicated to track down the right person.
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Levi Parker
•This is exactly why I keep a spreadsheet of all my business filings and loan documents. Too easy to lose track of what's out there.
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Libby Hassan
Just do the search ASAP. Friday deadline isn't that far away and if you find issues you might need time to get documentation from your old lender or clear up any problems. Equipment loans almost always have UCC filings so don't be surprised when you find something.
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Jessica Nolan
•Yeah you're right, I need to stop procrastinating and just do the search today. Thanks for the push!
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Libby Hassan
•No problem. Better to know what you're dealing with now than get blindsided later in the refinance process.
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