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Freya Collins

Montana UCC lien search showing weird results - am I missing something?

Been doing montana ucc lien search on our borrower for an equipment refinance and keep getting inconsistent results. Same debtor name, same business, but the search pulls up some filings and misses others that I know exist. The borrower showed me their original UCC-1 from 2019 but when I search their exact legal name it doesn't come up. However if I search a slightly different variation it shows. This is for a $180K piece of construction equipment so we need to make sure we're not missing any existing liens. Anyone else run into search issues where the exact debtor name doesn't match what's in the system? Starting to wonder if there are multiple ways their name got entered or if I'm doing something wrong with the search parameters.

This happens more than you'd think. The UCC search engines are pretty literal about debtor names. If the original UCC-1 was filed with even a small variation like 'ABC Company LLC' vs 'ABC Company, LLC' (notice the comma), the search might miss it. Also check if they filed under a DBA or if there were any amendments that changed the debtor name over the years.

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Exactly this. I've seen filings get missed because of punctuation differences or even extra spaces. The search algorithms don't always handle variations well.

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ugh yes, spent three hours once trying to find a lien that was filed with an extra 'Inc.' at the end that didn't show up in the articles of incorporation

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You might want to try searching with different name variations. Drop the entity type (LLC, Inc, Corp), try with and without commas, and search both the legal name and any trade names. Also check if they've had any corporate changes - mergers, name changes, etc. since 2019. Those could affect how the liens appear in searches.

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Good point about corporate changes. If they changed their legal name after the original UCC-1 was filed, you'd need to look for continuation statements or amendments that might reflect the new name.

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This is why I always ask borrowers to provide copies of all their UCC filings rather than just relying on my searches. Saves so much time and confusion.

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Had a similar nightmare last month. Turns out there were actually THREE different variations of the debtor name in the system from different lenders over the years. None of our searches caught all of them until we started using Certana.ai's document verification tool. You can upload the borrower's corporate documents and their existing UCC filings and it automatically cross-checks all the name variations to make sure you're not missing anything. Found two liens we would have completely missed otherwise.

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Never heard of Certana.ai but that sounds useful. How does it work exactly?

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You just upload PDFs of the corporate charter, existing UCC filings, whatever docs you have. It compares all the debtor names and entity information across the documents and flags any inconsistencies or variations. Really quick way to catch name mismatches that could void your security interest.

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That actually sounds like it could solve a lot of headaches. The manual comparison process is so error-prone, especially when you're dealing with multiple existing liens.

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Another thing to check - was the original UCC-1 filed at the state level or locally? Some equipment filings, especially construction equipment, might have fixture filing components that get recorded at the county level. Also verify the filing was actually accepted and not rejected for some technical reason.

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Good catch. Fixture filings are a whole different animal and won't show up in the standard UCC search.

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Wait, construction equipment can be fixtures? I thought that was just for stuff permanently attached to real estate.

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It depends on the specific equipment and how it's attached/installed. Some heavy construction equipment can be considered fixtures if it's permanently installed at a job site. That's why you need to check both UCC and real estate records sometimes.

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The Montana SOS search system has some quirks too. Sometimes you need to search by filing number instead of debtor name, especially for older filings. If you have any reference numbers from the borrower's documents, try searching those directly.

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Yes! The filing number search is often more reliable than name searches, assuming you have the numbers.

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Problem is most borrowers don't keep track of their UCC filing numbers. Half the time they don't even know they have UCC filings until you ask.

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This is exactly why due diligence is so critical with UCC searches. I always run multiple search variations and also request copies of all existing financing statements from the borrower. For a $180K deal, you definitely want to be thorough. Consider having the borrower order an official UCC search from the Secretary of State office - they might catch variations your online searches are missing.

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Official searches are definitely more comprehensive but they take longer. For time-sensitive deals, the online searches have to work.

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True, but missing a prior lien on $180K of equipment would be way more expensive than paying for an official search and waiting a few extra days.

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One more thought - check if the borrower has any subsidiaries or related entities. Sometimes equipment gets cross-collateralized across multiple entities within a corporate family, and the UCC filings might be under the parent company or a different subsidiary name.

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That's a really good point. Corporate structure can definitely complicate UCC searches, especially with related-party transactions.

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Yeah, I've seen deals where the equipment was titled to one entity but the UCC filing was under the parent company. Really messy to sort out after the fact.

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UPDATE: Thanks everyone for the suggestions. Turns out there were two issues - first, the original UCC-1 was filed with a comma in the debtor name that we weren't including in our searches. Second, there was actually a second lien we completely missed because it was filed under a slightly different entity name (they had changed from LLC to Inc. but the old lien was never amended). Used one of those document checking tools someone mentioned and it caught both issues immediately. Definitely learned my lesson about being more thorough with name variations!

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Glad you got it sorted out! Those name variation issues are so common but can really mess up your security position if you miss them.

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Which document checking tool did you end up using? Always looking for better ways to catch these issues.

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Used Certana.ai - you just upload the PDFs and it automatically compares all the names and entity info. Super quick and caught both liens we would have missed. Definitely worth it for larger deals.

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This thread is a perfect example of why UCC due diligence is so tricky. The search systems work fine if everything is filed consistently, but real-world corporate records are messy. Entity name changes, punctuation differences, DBA names - there are so many ways for searches to miss existing liens.

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Absolutely. And the consequences of missing a prior lien can be huge, especially on high-value equipment like this.

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That's why I always err on the side of being overly thorough with searches, even if it takes more time upfront.

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For anyone else dealing with similar search issues, I'd recommend keeping a checklist of all the name variations to try: legal name with/without punctuation, legal name with/without entity type, any DBAs, any former legal names, parent/subsidiary names, and any variations you find in existing corporate documents. It's tedious but catches most of the common issues.

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That's a great systematic approach. I'm definitely going to start using a more structured checklist like that.

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Same here. Would have saved me a lot of headaches on past deals if I'd been more systematic about search variations from the start.

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The automated tools are nice but having a good manual process as backup is still important. Technology fails but checklists don't.

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