UCC Document Community

Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Ava Hernandez

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Last resort - if you can't get the termination to go through, you might need to file a correction first to update any name discrepancies, then file the termination. It's an extra step but sometimes necessary.

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The correction route worked for me once when I had a similar problem. Sometimes you just have to take the long way around.

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Keep us posted on what ends up working! These kinds of issues are always good learning experiences for the rest of us.

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MidnightRider

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I've dealt with similar energy company UCC issues before. One thing that's helped me is to also check if Sunstreet Energy Group has filed any name changes or amendments with the Secretary of State since the original UCC-1. Energy companies frequently restructure or update their legal names, and sometimes the UCC system won't recognize slight variations even if they're technically the same entity. You might also want to search their corporate registration to see if there are any "also known as" names listed that could be causing the mismatch.

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Zara Khan

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That's really smart advice about checking for name changes with the Secretary of State. I hadn't thought to look at their corporate registration history. Energy companies do seem to go through a lot of restructuring, so there could definitely be an official name change I'm not aware of that happened after the original UCC-1 was filed.

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As a newcomer to this community, I want to thank everyone for this incredibly clear discussion! I was actually researching UCC 1-308 law for my own small business loan application and getting completely overwhelmed by conflicting information online. This thread has saved me so much confusion and wasted research time. It's now crystal clear that UCC 1-308 reservation of rights is about signing documents under protest/duress, while UCC-1 filings are just standard secured transaction perfection tools. For my upcoming $200k equipment loan, I'll focus on the basics everyone mentioned - exact LLC name matching state records, proper secured party info, and clear collateral description. Really appreciate having a knowledgeable community that can cut through all the internet noise and misinformation about UCC topics!

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CosmicCaptain

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Welcome to the community @Anastasia Ivanova! I'm also relatively new here and had the exact same confusion about UCC 1-308 law vs UCC-1 filings when I first started looking into business financing. This thread really demonstrates how valuable it is to have experienced professionals who can separate fact from fiction. I was getting lost in all the online theories and conspiracy-type content about UCC 1-308, when really it's just a simple legal provision about signing under protest. For standard equipment loans like yours, it's completely irrelevant. The community members here like @Anthony Young and @Chris King really know their stuff when it comes to practical UCC applications. Good luck with your equipment financing!

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As a newcomer to this community, I have to say this thread has been absolutely invaluable! I was in almost the exact same situation as @Aurora Lacasse - my business partner mentioned UCC 1-308 law in passing during our loan discussions and I went down a massive research rabbit hole thinking it was somehow connected to our UCC-1 filing requirements. After reading through all these responses from experienced members, it's so clear now that I was mixing up two completely unrelated parts of the UCC. The distinction between UCC 1-308 (reservation of rights when signing under protest) and standard UCC-1 secured transaction filings is night and day. For anyone else who might stumble into this confusion - save yourself the headache and focus on the UCC-1 basics: exact debtor name matching your state filings, proper secured party information, and adequate collateral description. Thanks to everyone who took the time to educate us newcomers about the real-world application of these laws!

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I feel like I'm reading about my exact situation from 6 months ago. The UCC-1-201 debtor classification rules seem straightforward until you hit these mixed entity/individual scenarios. Ended up having to amend our filing twice before getting it right.

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Separate filings. One against the individual for personal assets, one against the LLC for business property. Only way to be 100% compliant with UCC-1-201.

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That's the conservative approach but probably the safest for UCC-1-201 compliance.

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Ezra Bates

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I've been dealing with UCC-1-201 debtor classification issues for years and here's my take: you absolutely need to get the ownership structure crystal clear before filing anything. For your $850K loan, I'd recommend getting a formal ownership affidavit from both the individual and LLC stating exactly which entity owns which specific collateral. Then file separate UCC-1s accordingly - it's more expensive upfront but protects your priority position. Also, some states have specific formatting requirements for LLC names that differ from the registered name, so double-check your secretary of state database. Don't risk an $850K security interest on ambiguous debtor classifications!

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PaulineW

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This is exactly the kind of thorough approach I needed to hear! Getting formal ownership affidavits is brilliant - that would eliminate all the guesswork around UCC-1-201 debtor classification. I was worried about the cost of dual filings but you're absolutely right that it's nothing compared to losing priority on an $850K loan. Do you have a template for ownership affidavits that works well with UCC-1-201 requirements?

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@Ezra Bates has the right approach here! I d'add that you should also verify the exact registered name format with your state s'UCC database search function before filing. Some states are incredibly picky about punctuation and spacing in LLC names for UCC-1-201 compliance. I learned this the hard way when a filing got rejected because I used Smith "Holdings, LLC instead" of Smith "Holdings LLC no" (comma .)For an $850K loan, it s'worth spending the extra time to get every detail perfect. The ownership affidavit idea is solid - I d'also recommend having your borrowers sign a collateral ownership schedule as part of the loan docs to avoid any future disputes.

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Diego Rojas

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I actually tried that Certana.ai tool someone mentioned earlier. Pretty slick for verifying that your UCC search results align with your actual filings. Caught a middle initial discrepancy that could have been a problem later. Worth checking out if you're doing a lot of these searches.

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Middle initial discrepancies are the worst. Such a small thing but can invalidate the whole security interest.

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Diego Rojas

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Exactly why I started using the verification tool. Too risky to just eyeball it manually.

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Esteban Tate

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Thanks everyone for clarifying this! I was making it way more complicated than it needed to be. For our $450K construction equipment deal, sounds like the state UCC search at $25 is exactly what we need since it's all mobile equipment. Really appreciate the breakdown on state vs county - I was about to waste money on unnecessary county searches. Going to stick with the state search and move forward with confidence.

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Naila Gordon

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Smart decision! One tip from someone who's been there - make sure you search under all the exact legal entity names your borrower uses. Sometimes they have slight variations between their loan docs and how they're registered with the state. The $25 is definitely worth it for that size deal.

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ugh the secretary of state filing systems are so picky about formatting and exact names. one wrong character and boom rejection letter in your email. at least most states do electronic filing now so you find out faster than the old paper days

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depends on the state but usually same day or next business day. much better than waiting weeks for paper filings

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Sofia Torres

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Some states even give you instant confirmation if there are no errors. Pretty nice when it works.

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As someone who's made every mistake in the book with UCC filings, I can't stress enough how important it is to get that debtor name perfect. I once had a $150k equipment deal where I used "ABC Manufacturing LLC" instead of "ABC Manufacturing, LLC" (missing that comma) and the filing got rejected. Had to scramble to refile before closing. Now I always pull the actual articles of incorporation and copy the name character for character. Also, for mixed collateral like yours, make sure your security agreement has solid after-acquired property language so you're covered if they buy more equipment later. The UCC-1 collateral description can be broad but your security agreement should be more specific about remedies and default provisions.

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