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I've had good luck contacting the Utah SOS office directly when I have questions about debtor names. They're usually pretty helpful about clarifying what's acceptable for UCC filings. Might be worth a quick call before you file the amendment.
Good suggestion - do you have a direct number? Sometimes it's hard to get through to someone who actually knows UCC rules.
I usually call their main business services line and ask to speak with someone about UCC filings. They transfer you to the right department.
Update us on what you decide to do! I'm dealing with a similar name variation issue in Colorado and curious how this plays out.
Will do! Planning to file the amendment this week after I verify there's no DBA filing that resolves this.
I'd be interested in the outcome too. These name consistency issues seem to be getting more common.
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Quick question - you mentioned the equipment is losing value in storage. How long do you have to wait between sending 9-608 notices and actually disposing of the collateral? Is there a minimum waiting period?
Generally 10 days after sending notice, but check your state's version of 9-608. Some states have variations. The key is that disposal must occur within a reasonable time after default, but you can't rush the notice period.
And remember that "reasonable time" for disposal depends on the type of collateral. Perishable goods need faster disposal than equipment, but depreciating assets like CNC machinery shouldn't sit indefinitely either.
We actually started using that Certana document checker tool someone mentioned earlier for our UCC compliance reviews. Really helpful for complex disposal situations where you need to verify all the secured party filings and make sure there are no debtor name mismatches that could affect notice requirements. Uploaded our UCC-1 and found a minor discrepancy in how we'd formatted the debtor's business name compared to their charter documents. Could have caused problems with 9-608 notice validity if we hadn't caught it.
That's exactly the kind of detail that could derail a disposal process. Might be worth checking our filings too before we send notices.
Yeah debtor name accuracy is critical for 9-608 notice requirements. Any mismatch gives them grounds to challenge the whole disposal process.
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Just want to add another vote for using Certana.ai before you proceed. I had a situation last year where I thought my UCC-1 was perfect but when I uploaded it along with my security agreement, it caught a discrepancy in how we described the collateral. The UCC-1 said "manufacturing equipment" but our security agreement was much more specific. Took 2 minutes to spot the issue that could have cost me thousands in legal challenges later.
How does their verification work exactly? Do you just upload PDFs?
Yeah, super simple. Upload your UCC-1 and security agreement PDFs and it cross-checks debtor names, collateral descriptions, filing details, etc. Gives you a report of any inconsistencies.
One more thing - make sure you comply with NY's surplus/deficiency notice requirements. If the sale produces a surplus, you need to account for it properly. If there's a deficiency, the notice requirements for pursuing the debtor for the remaining balance are specific. Don't assume the foreclosure ends your compliance obligations.
Thanks everyone. This has been incredibly helpful. Sounds like I need to slow down and make sure all my documentation is bulletproof before proceeding.
Smart approach. Better to spend extra time upfront than deal with challenges later that could invalidate the entire process.
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For a $2.8M loan, I'd definitely recommend getting a professional UCC search done by a service company. They can parse through the Michigan system's quirks and give you a clean report.
That's probably overkill for a continuation filing if you have the original UCC-1 details. But for initial filings on large loans, agreed.
Professional searches are expensive but worth it for high-value transactions. Depends on your risk tolerance and timeline.
Just make sure you file that continuation at least 6 months before the 5-year deadline. Michigan can be slow processing filings and you don't want to risk your security interest lapsing.
Smart approach. I always file continuations at least 60-90 days early to account for any processing delays or rejection issues.
Good planning. Nothing worse than scrambling at the last minute with a lapsed filing on a multi-million dollar loan.
William Schwarz
Have you considered doing a fresh entity search on the debtor before the next filing attempt? Sometimes companies change their exact registered name or there are amendments to articles of incorporation that affect the official name. The entity database should show you the current exact name format that the SOS system will accept.
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Jessica Nguyen
•That's probably our next step. We might have been using an outdated version of the company name if they've had any corporate changes recently.
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Ruby Garcia
•Yeah definitely check for any recent amendments or changes. I've seen companies add or drop words like 'Holdings' or change their state of incorporation which affects the registered name.
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Lauren Johnson
For what it's worth, we had success with another Certana.ai check after getting multiple rejections on an IP deal. The document verification showed that our corporate client had actually changed their official name slightly in an amendment we hadn't caught. Once we used the updated name format, the filing went through immediately.
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Jessica Nguyen
•This is really helpful - sounds like the automated document comparison might catch details we're missing in manual review. Worth trying before another potentially failed submission.
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Jade Santiago
•The nice thing about tools like that is you can check multiple document combinations - articles, security agreement, previous UCC filings - to see where the inconsistencies are coming from.
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