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Debtor name mismatch on open UCC filing - rejection risk?

Running into a potential issue with an open UCC filing where the debtor name on our UCC-1 doesn't exactly match what's on the articles of incorporation. The business filed as "Midwest Equipment Solutions LLC" but our UCC shows "Midwest Equipment Solutions, LLC" (with the comma). Secretary of State hasn't rejected it yet but I'm worried this could cause problems down the road. The filing has been open for about 6 months now and we need to make sure our security interest is properly perfected. Has anyone dealt with similar name discrepancies on open UCC filings? Should I file a UCC-3 amendment to correct this or leave it alone since it hasn't been rejected?

This thread convinced me to double-check all my open UCC filings. Found two with similar name discrepancies. Thanks for bringing this up!

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That's exactly why the Certana.ai verification tool is so useful - you can batch check multiple filings at once to catch these issues.

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Definitely going to look into that. Manual checking is such a pain with multiple filings.

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Axel Far

Author

Update: Filed the UCC-3 amendment this morning and it was accepted within 2 hours. Feel much better about our security interest now. Thanks everyone for the advice!

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Smart move. Now you can sleep better knowing your lien is solid.

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Thanks for the update. This whole thread has been really helpful.

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UCC holder status confusion after loan transfer - original lender still showing as secured party

I'm dealing with a messy situation where our company took over a portfolio of equipment loans about 8 months ago, but the UCC filings still show the original lender as the secured party. We're the new holder of these notes but I'm not sure if we need to file UCC-3 amendments to update the secured party information or if there's another way to establish our rights as the current holder. The original UCC-1 filings are still valid (filed in 2022) but obviously don't reflect the change in ownership. Has anyone dealt with this type of holder/secured party issue before? I'm worried about our perfection status if we need to enforce against any of the collateral.

The timing issue someone mentioned earlier is crucial. We had a situation where we were updating secured party info on a UCC that was about to lapse, and the SOS rejected our amendment because they said we needed to file a continuation first. State rules vary on whether you can do both simultaneously.

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This was in Illinois. They required the continuation to be processed before the assignment amendment. Check with each state's SOS office if you're near any lapse dates.

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Illinois can be tricky like that. Most other states let you combine the filings but better to check first.

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One last thing - keep detailed records of when you file each UCC-3 amendment and when it gets accepted. If you ever need to prove continuous perfection as the holder, having that documentation timeline will be important. We learned this the hard way during a lender liability lawsuit.

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Great advice. I'll make sure we maintain a spreadsheet tracking all filing dates and acceptance confirmations.

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Smart approach. Also save the email confirmations from the SOS offices - they're proof of when your amendments were officially processed.

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UCC filing confusion with security account control agreement - debtor name issues

Having major headaches with a UCC-1 filing that keeps getting rejected by our state SOS office. We're dealing with a security account control agreement situation where the debtor operates under multiple business names, and I can't figure out which name should be on the filing. The collateral involves investment accounts and the bank is pushing us to get this perfected ASAP. Filed twice already using what I thought was the correct legal name from the charter documents, but both times came back rejected for 'debtor name does not match records.' Anyone dealt with security account control agreement filings where the debtor has DBA names? The investment advisor is saying one thing, our corporate records show another, and the SOS portal keeps spitting back rejections. This is holding up a $2.8M credit facility and I'm running out of time before the temporary perfection expires.

Security account control agreements are complicated enough without UCC filing headaches. Hope you get it sorted out soon!

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Jacob Lee

Author

Thanks, me too. This deal has been nothing but complications from day one.

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Investment collateral deals are always the most stressful. Hang in there.

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Just went through something similar with a client's investment account collateral. Ended up using that Certana document checker someone mentioned and it caught three different name variations across our paperwork. Really wish I'd known about it earlier - would have saved multiple rejection cycles.

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Smart move. The document verification caught stuff I never would have noticed manually. Upload your corporate docs and UCC forms and it shows you exactly where the inconsistencies are.

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Sounds like this tool is getting popular for UCC filings. Might have to check it out myself.

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UCC filing with maryland sos - debtor name mismatch causing rejections

Having major issues with UCC-1 filings getting rejected by the Maryland SOS system. We've had three consecutive rejections over the past month, all citing debtor name discrepancies. The business name on our loan documents shows 'Chesapeake Marine Services LLC' but the charter shows 'Chesapeake Marine Services, LLC' (with the comma). I know this seems minor but the system keeps kicking it back. Our lender is getting frustrated and we need to perfect this security interest on boat equipment worth $340K before month end. Has anyone dealt with Maryland's specific requirements for exact name matching? The portal doesn't give much guidance beyond 'name must match exactly' but match what exactly? Corporate charter, tax ID registration, or something else? This is holding up our entire equipment financing deal.

Update: Finally got our filing accepted! Turns out it was the comma issue plus we had an extra space after 'LLC'. Used the document checker tool mentioned earlier and it highlighted both problems immediately. Would have taken us forever to spot that extra space. Thanks everyone for the help!

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Which document checker did you end up using? We have a similar situation coming up.

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The Certana.ai one mentioned earlier. Really simple - just upload your charter and UCC-1 draft and it shows you exactly what doesn't match. Saved the deal for us.

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This thread is gold. Bookmarking for future Maryland filings. The name matching requirements there are brutal compared to other states.

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Agreed. Every state has quirks but Maryland takes it to another level.

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At least they're consistent about being picky. Better than states that randomly accept or reject the same format.

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NY UCC lookup - state portal keeps timing out when I search

I've been trying to run UCC searches on the NY state portal for the past week and it keeps timing out or giving me error messages. I need to do lien searches on about 15 different debtors for due diligence on an equipment financing deal and this is holding up everything. The search function will load but then just sits there spinning when I hit submit. Has anyone else had issues with the NY UCC lookup system recently? I've tried different browsers and cleared cache but nothing works. This is really frustrating because I have a closing deadline coming up fast.

Have you tried using a VPN? Sometimes state portals have weird geographic restrictions or IP-based rate limiting that can cause timeout issues.

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That's an interesting thought. I never considered that geographic location might affect portal performance.

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I doubt that's the issue for NY searches but worth a try if other solutions don't work.

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Update us when you find a solution! I do a lot of equipment financing deals and always looking for better ways to handle UCC due diligence efficiently.

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Will do. Going to try the Certana tool and see if that solves the problem. Thanks everyone for the suggestions!

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Looking forward to hearing how it works out. These portal issues are so common there should be a better solution.

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