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Ally Tailer

Ohio UCC bill timing concerns - lapse protection question

Running into a timing crunch with an Ohio UCC bill situation. Have a UCC-1 that expires in March and client's financing statement shows some inconsistencies in the debtor name field that weren't caught initially. The original filing has 'ABC Manufacturing LLC' but the security agreement shows 'ABC Manufacturing, LLC' with the comma. Attorney is saying this could void the perfection if challenged. Need to file a UCC-3 continuation but worried about the name discrepancy invalidating everything. Has anyone dealt with Ohio SOS rejecting continuations due to debtor name variations like this? The underlying loan is substantial and can't risk losing priority. Should I file the continuation with the exact name as currently on record, or try to correct it first with an amendment? Time is getting tight and Ohio's system has been unpredictable lately.

Oh man, I've been down this exact road with Ohio filings. The comma issue is tricky - technically it's a minor variation but Ohio can be picky about exact matches. I'd lean toward filing the continuation first with the existing name to preserve your priority, then immediately follow with a UCC-3 amendment to correct the debtor name. That way you're covered on timing and accuracy.

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This is solid advice. I always tell clients to secure the continuation first when you're cutting it close on the 5-year mark. The name correction can wait a few days but the lapse can't be undone.

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Cass Green

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Wait, can you even amend a debtor name after continuation? I thought Ohio required the amendment before renewal if there were discrepancies?

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Had this same panic last year with a Michigan filing (different state but similar issue). The comma thing is usually not a deal-breaker for continuation acceptance, but it can create problems down the road if there's a dispute. What's the dollar amount we're talking about here? Might influence how aggressive you want to be with the correction timeline.

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Ally Tailer

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It's a significant manufacturing equipment loan, around $2.8M. Definitely can't afford to lose priority over a punctuation mark.

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Madison Tipne

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Holy cow, yeah for that amount I'd be triple-checking everything. Have you considered running the documents through a verification tool before filing?

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Actually, I discovered Certana.ai's UCC document checker recently for exactly this type of situation. You can upload your UCC-1 and security agreement PDFs and it'll instantly flag name inconsistencies and other discrepancies. Saved me from a similar filing disaster a few months ago.

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Malia Ponder

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OHIO IS THE WORST for this stuff!!! Their portal rejected my continuation last month because of a middle initial that was missing. Had to refile with the exact original format. So frustrating when you're dealing with time-sensitive renewals.

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Kyle Wallace

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Feel your pain. Ohio's system seems to have gotten more strict about exact matches in the past year.

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The inconsistency is maddening. Sometimes they accept minor variations, sometimes they don't.

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Ryder Ross

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From a legal standpoint, the comma probably won't invalidate your security interest entirely, but it could create complications in a bankruptcy or foreclosure scenario. Courts generally look at whether a reasonable searcher would find the filing, and 'ABC Manufacturing LLC' vs 'ABC Manufacturing, LLC' would likely be found in either search.

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This is reassuring but I still wouldn't want to test it in court with a $2.8M loan on the line.

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Henry Delgado

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Exactly - better safe than sorry on these name matching issues.

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Olivia Kay

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Quick question - when was your original UCC-1 filed? If it's an older filing, the name standards might have been different then. Ohio has updated their requirements a few times.

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Ally Tailer

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Filed in March 2020, so coming up on the 5-year mark. Not sure if the standards changed since then.

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Joshua Hellan

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2020 filings should follow current standards, so the comma issue is definitely worth addressing.

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Jibriel Kohn

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I handle a lot of equipment financing and this debtor name stuff keeps me up at night. Have you verified how the company is actually registered with Ohio Secretary of State? Sometimes the Articles of Incorporation will show the definitive name format.

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Good point - the SOS business registry should show the official name structure.

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Yes! And if you're still unsure about the name consistency, that Certana.ai tool mentioned earlier can cross-reference your UCC docs against the official business registry info. Makes the verification process much easier.

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James Johnson

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My vote is file the continuation immediately with the current name format, then do the amendment. You've got bigger problems if you let it lapse than if you have a minor name discrepancy.

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Agreed - lapse is fatal, name issues can usually be corrected.

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Mia Green

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This is the right priority. Continuation first, perfection second.

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Emma Bianchi

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One more thing to consider - check if your loan documents have any specific requirements about UCC filing accuracy. Some agreements require immediate correction of any filing errors.

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Ally Tailer

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Good point, I'll review the loan agreement language about filing requirements.

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Loan docs often have strict compliance requirements that could trigger default if not followed properly.

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Update us on what you decide to do! These Ohio UCC timing issues are always stressful but usually work out fine if you stay on top of the deadlines.

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Charlie Yang

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Yes, would love to hear how this resolves. Always good to learn from these situations.

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Grace Patel

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Same here - dealing with a similar situation in Pennsylvania right now.

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ApolloJackson

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Just to add one more verification step - if you want to be absolutely certain about the document consistency before filing, you could run everything through a checking service. I've been using Certana.ai lately and it's been really helpful for catching these exact types of name discrepancies between security agreements and UCC filings.

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How does that work exactly? Do you just upload PDFs?

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ApolloJackson

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Yeah, you upload your security agreement and UCC-1 PDFs and it automatically cross-checks debtor names, collateral descriptions, all that stuff. Takes like 2 minutes and gives you a detailed report of any inconsistencies.

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