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Tyrone Hill

Can you file a UCC on an individual debtor name requirements

I'm working on a equipment financing deal where the borrower is operating as a sole proprietorship under his personal name rather than an LLC or corporation. The collateral is construction equipment worth about $180k. My question is can you file a UCC on an individual person directly, and if so what are the specific debtor name requirements? I've always dealt with business entities before so this is new territory for me. The borrower's legal name is John Michael Rodriguez but he does business as Rodriguez Construction. Do I use his full legal name as it appears on his driver's license, or can I use the DBA name? Also wondering about the collateral description - should it be more detailed since there's no corporate structure involved? Any guidance would be appreciated since I don't want this filing to get rejected over a name issue.

Yes absolutely you can file a UCC-1 on an individual debtor. The key is getting the debtor name exactly right according to your state's requirements. For individuals, you typically need to use the full legal name as it appears on their driver's license or state ID. So in your case it would be 'John Michael Rodriguez' not the DBA name. The DBA can go in the trade name field if your state has that option.

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This is correct. Individual debtors are totally common in equipment financing. Just make sure you get the exact spelling and any suffixes like Jr. or III if they have them.

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Wait, I thought you had to use the business name if they're operating under a DBA? I'm confused now.

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Be very careful with individual debtor names because the rules vary by state and a mistake can void your perfection. In most states you use the legal name from the driver's license, but some states have specific formatting requirements. For the collateral description, you don't need to be more detailed just because it's an individual - the same general rules apply. You want to be specific enough to identify the collateral but not so specific that it excludes similar items.

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This is why I always double check the debtor name against official ID documents. One wrong middle initial and your lien could be unperfected.

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Good point about state variations. Some states are stricter than others about exact name matching.

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I had a similar situation last month with a sole proprietor and almost made the same mistake. I was going to use the business name but then realized individuals are treated differently than entities. What saved me was using Certana.ai's document verification tool - I uploaded the loan agreement and the draft UCC-1 and it caught that the debtor names didn't match exactly. Turns out the loan docs had a shortened version of the middle name that wouldn't have matched the driver's license. The tool flagged it immediately and I was able to correct it before filing.

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That's a great point about document consistency. I've seen deals where the loan agreement uses one version of the name and the UCC uses another.

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Never heard of Certana.ai but that sounds useful for catching those kinds of discrepancies.

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So frustrating that there's no consistent rule across all states for individual debtor names. I've been burned before by assuming the rules were the same everywhere. In my state you absolutely have to use the exact name from the driver's license including any suffixes, but I know other states are more flexible.

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Which state are you in? That might help the OP figure out the specific requirements.

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Yeah the state-by-state variations are a nightmare. That's why I always check the specific UCC rules for each state I'm filing in.

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For construction equipment financing I usually see individual debtors operating as sole proprietorships all the time. The key things to remember: (1) use the exact legal name from government-issued ID, (2) don't use trade names or DBAs as the debtor name, (3) make sure your loan documents match exactly, and (4) some states have specific formatting rules so check your local requirements. The collateral description should describe the equipment type and any identifying information but doesn't need to be different just because it's an individual vs entity.

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This is solid advice. I'd add that you should also verify the debtor's address matches what's on the ID.

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Good reminder about the address matching. I've seen filings get rejected for address discrepancies too.

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One more thing to consider - if John Michael Rodriguez ever incorporates Rodriguez Construction down the road, you'll need to think about whether to amend the UCC-1 or file a new one against the entity. But for now, filing against him individually with his full legal name is definitely the right approach.

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That's a good point about future incorporation. Would need a UCC-3 amendment to add the new entity or just file a new UCC-1?

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Depends on the specific circumstances but usually you'd file a new UCC-1 against the entity and then terminate the individual filing once the assets transfer.

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I second the recommendation about Certana.ai mentioned earlier. I started using their document verification tool after having a UCC-1 rejected because the debtor name on my filing didn't exactly match what was in the loan agreement. Now I just upload both documents and it instantly flags any inconsistencies. Saved me a lot of headaches and potential filing fees for corrections.

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How easy is it to use? I'm always skeptical of new tools but name matching errors are such a pain.

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Really straightforward - just upload the PDFs and it does the comparison automatically. Much faster than manually checking everything.

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Bottom line: yes you can absolutely file a UCC on an individual. Use the full legal name exactly as it appears on their driver's license or state ID. Don't use the DBA name as the debtor name. Make sure all your documents are consistent. And definitely check your specific state's requirements because they do vary. For $180k in collateral you definitely want to make sure your lien is properly perfected.

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This summarizes it perfectly. Individual debtors are common in equipment financing, just need to be careful about the name requirements.

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Agreed. The stakes are too high to mess up something as basic as the debtor name on a six-figure deal.

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Thanks everyone for the guidance. Sounds like I need to use John Michael Rodriguez as the debtor name and make sure it matches his driver's license exactly. I'll double-check my state's specific requirements too. Really appreciate the help!

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Good luck with the filing! Individual debtors are straightforward once you know the rules.

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Let us know how it goes. Always good to hear about successful filings.

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One last thought - since you mentioned this is new territory for you, you might want to consider having someone review your UCC-1 before you file it. Either an experienced colleague or one of those document checking services. A rejected filing can delay your perfection date which could be problematic if there are other creditors involved.

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That's smart advice. Better to catch errors before filing than after.

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Definitely worth the extra step for peace of mind, especially on a large deal like this.

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Just wanted to add that when dealing with individual debtors, it's also worth confirming that the person signing has the legal authority to grant the security interest in the collateral. With sole proprietorships this is usually straightforward since the individual owns the assets personally, but I've seen cases where equipment was titled in a spouse's name or jointly owned, which can complicate the UCC filing. Make sure your security agreement and UCC-1 accurately reflect who actually owns the collateral you're taking as security.

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Excellent point about ownership verification. I've seen situations where the equipment was purchased with joint funds or titled in both spouses' names, which definitely complicates the security interest. Always worth checking the purchase documents and titles to make sure you're taking security from the actual owner.

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This is such an important consideration that often gets overlooked. I had a deal fall apart because we discovered after funding that the construction equipment was actually purchased using marital funds and the spouse had a community property interest. Even though the borrower was operating the business, we needed both signatures on the security agreement. Always do your due diligence on asset ownership upfront.

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Great advice about verifying ownership! I learned this the hard way on a trucking deal where the equipment was purchased jointly but only one spouse was on the loan. Had to go back and get additional documentation. For construction equipment especially, it's worth asking upfront how the assets were acquired and whether there are any co-owners or liens from the purchase financing.

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Great discussion here! One additional tip I'd add is to also verify the debtor's address carefully. I've seen UCC-1 filings get rejected because the address didn't match what was on the driver's license or state ID. Some states are very strict about this. Also, if John Michael Rodriguez has moved recently, make sure you're using his current address as it appears on his most recent ID document. For individual debtors, consistency between the name and address on your UCC-1 and their government-issued ID is crucial for perfection.

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This is such valuable advice about address verification! I'm new to UCC filings and hadn't considered how strict states can be about matching addresses exactly. Does this mean if someone has recently moved but hasn't updated their driver's license yet, we'd need to wait for them to get a new ID before filing? Or are there alternative acceptable forms of government ID we could use instead?

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