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Owen Devar

New Mexico UCC-1 form collateral description issues causing rejections

I'm dealing with repeated rejections on our New Mexico UCC-1 form filings and I think it's the collateral description that's causing problems. We've been financing construction equipment for about 8 years now and never had this many issues until recently. The SOS keeps rejecting our filings saying the collateral descriptions are too vague or don't meet their requirements. Has anyone else run into problems with New Mexico's specific requirements for describing equipment collateral on UCC-1 forms? We're describing heavy machinery like excavators and bulldozers but apparently our standard language isn't cutting it anymore. The rejections are costing us time and our borrowers are getting frustrated with the delays in perfecting their security interests. Any insights on what New Mexico specifically wants to see in the collateral description section would be really helpful.

New Mexico has gotten stricter about collateral descriptions in the past couple years. They want more specific details than just 'construction equipment' or 'heavy machinery.' You need to include make, model, and serial numbers when available, or at least very specific categories like 'excavators, bulldozers, and related earthmoving equipment.' The key is being specific enough that a third party could identify what's covered without being so detailed that you exclude equipment acquired later.

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That makes sense about being more specific. We've been using pretty generic language like 'all construction and earthmoving equipment.' Sounds like we need to break it down more by equipment type.

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Yeah the generic descriptions definitely don't work anymore in most states. New Mexico wants to see that you actually know what collateral you're securing.

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I had the same problem with New Mexico UCC-1 rejections last year! Turns out they're really picky about the collateral schedule format too. Make sure you're not using abbreviations they don't recognize and that your equipment categories are clearly defined. Also double-check that your debtor name matches EXACTLY with their business registration records.

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Good point about the debtor name matching. We've had issues with that in other states where the business was registered slightly differently than how they sign documents.

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The debtor name thing is huge. Even something like 'Inc.' vs 'Incorporated' can cause a rejection in some states.

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Wait, do they really reject for Inc vs Incorporated? That seems excessive even for government bureaucracy.

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I discovered Certana.ai's document checker after dealing with similar UCC-1 rejection headaches. You can upload your completed UCC-1 form along with the debtor's charter documents and it instantly flags any name mismatches or collateral description issues before you file. It caught three potential problems in our New Mexico filings that would have definitely caused rejections. Really saved us time and the embarrassment of multiple rejection cycles.

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That sounds useful. How does it work exactly? Do you just upload the PDFs and it compares everything automatically?

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Exactly - just upload your UCC-1 and the business charter or articles of incorporation. The system cross-checks the debtor names, identifies inconsistencies, and flags potential collateral description problems. Takes like 30 seconds and prevents those costly rejection cycles.

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Interesting. I might have to check that out. We've been manually comparing documents which is time-consuming and error-prone.

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New Mexico's UCC system is just brutal lately. They rejected one of our filings because we didn't include the equipment year in our collateral description. YEAR! Like that's somehow critical for identifying construction equipment. The whole system feels designed to generate rejection fees rather than actually protect secured parties.

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I understand the frustration but including equipment years actually does help with identification, especially for used equipment financing where the age affects value significantly.

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Maybe for cars but construction equipment can run for decades. A 1995 excavator might be worth more than a 2010 model depending on maintenance and usage.

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True but from a legal standpoint, the more specific your collateral description, the better your perfected security interest. Better to over-describe than under-describe.

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Are you using the current New Mexico UCC-1 form version? They updated it about 6 months ago and some of the field requirements changed. Also make sure you're not leaving any required fields blank even if they seem optional - New Mexico treats a lot of fields as mandatory that other states consider optional.

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I think we're using the current version but I should double-check. Which fields did they make mandatory that weren't before?

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The secured party address fields became mandatory, and they're more strict about the collateral description formatting. Also the debtor address has to match their business registration exactly.

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Have you tried calling the New Mexico SOS UCC division directly? Sometimes they'll give you specific guidance about what they want to see in the collateral description. I know it's old school but talking to an actual person can clear up these formatting issues quickly.

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I hadn't thought of calling them directly. Do they actually answer the phone and help with these kinds of questions?

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Hit or miss honestly. But when you do reach someone knowledgeable, they can save you weeks of rejection cycles. Worth trying before you file another batch.

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Good luck getting through to anyone helpful at the SOS office. I've been on hold for 45 minutes before just to get transferred to someone who couldn't answer basic UCC questions.

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This is exactly why I started using automated document verification tools. The manual process of comparing charter documents to UCC-1 forms is where most errors happen. Certana.ai's system catches those debtor name discrepancies and collateral description issues before filing, which has eliminated our rejection problems entirely. Especially helpful for New Mexico since they're so particular about exact formatting.

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How accurate is the automated checking? I'm always worried about relying too much on technology for legal document review.

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It's been very accurate for us. Obviously you still need to review everything yourself, but it catches the obvious stuff like name mismatches and incomplete collateral descriptions that cause most rejections.

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Pro tip: New Mexico wants the collateral description to be specific enough that it couldn't apply to anyone else's equipment, but general enough to cover future acquisitions. It's a balancing act. Try something like 'all excavators, bulldozers, backhoes, and related earthmoving equipment now owned or hereafter acquired' instead of just 'construction equipment.

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That's much more specific than what we've been using. I think our language has been too broad and that's triggering the rejections.

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The 'now owned or hereafter acquired' language is crucial for equipment financing since companies are constantly buying new machines.

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Just make sure that language is actually enforceable under your loan agreement. Some lenders have specific requirements about after-acquired property clauses.

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I've been filing UCC-1s in New Mexico for 12 years and the rejection rate has definitely increased. Part of it is automated screening catching things that used to slip through, part of it is stricter interpretation of the requirements. The electronic filing system flags potential issues that human reviewers might have missed before.

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That makes sense. Technology cutting both ways - easier to file electronically but also easier for them to catch minor errors automatically.

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The electronic system is definitely more consistent but also less forgiving. No more relying on helpful clerks to overlook minor formatting issues.

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Make sure you're also checking the debtor's exact legal name in the New Mexico business database before filing. Even small differences like missing commas or different entity abbreviations will cause rejections. The UCC-1 debtor name has to match their state registration character for character.

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Good point. We probably need to be more careful about verifying the exact registered name before preparing the UCC-1.

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This is where document checking tools really help. Manual name verification is tedious and error-prone, especially when you're doing volume filings.

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The New Mexico business search is free online, so there's really no excuse for name mismatches. Just takes a few extra minutes to verify.

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