< Back to UCC Document Community

Leeann Blackstein

Secretary of state North Carolina UCC search showing conflicting debtor names - need verification help

I'm dealing with a messy situation where our SBA loan documentation shows the debtor as "Mountain Peak Construction LLC" but when I run a secretary of state north carolina ucc search, I'm finding existing filings under "Mountain Peak Construction, LLC" (with the comma) and "Mountain Peak Constr LLC" (abbreviated). We need to file a UCC-1 for new equipment financing but I'm terrified of getting the debtor name wrong and having our security interest be invalid. The borrower's articles of incorporation show "Mountain Peak Construction LLC" without comma, but their bank account is "Mountain Peak Construction, LLC" with comma. I've seen horror stories about lenders losing their collateral because of tiny name differences. Has anyone dealt with this exact scenario with North Carolina filings? I need to know which exact name variation to use on our UCC-1 so we don't end up with a worthless filing that can't be found in searches.

NC can be really strict about exact debtor names. I always start by pulling the exact name from the Secretary of State's corporate database first, then cross-reference with existing UCC filings. The official corporate name should take precedence over bank account names since that's what's legally registered. But definitely verify there aren't multiple active entities with similar names that could cause confusion.

0 coins

This is exactly right. The registered corporate name is what matters for UCC purposes, not how they sign checks or what their bank calls them.

0 coins

But what if there are already UCC filings under the other name variations? Wouldn't that create a gap in the chain?

0 coins

That's a valid concern - if there are existing filings under different name variations, you might need to file under multiple variations to be completely safe, or get legal advice about which takes priority.

0 coins

Oh man, I've been in this exact mess before. Had a client where the corporate name was one thing, but previous UCC filings were under a slightly different version. What saved me was using a document verification tool that let me upload all the paperwork and instantly spotted the name inconsistencies. Certana.ai has this feature where you can upload your Articles of Incorporation and your draft UCC-1 and it'll flag any name mismatches before you file. Saved me from a potentially costly mistake.

0 coins

That sounds exactly like what I need. Does it work with NC filings specifically? I'm worried about getting this wrong.

0 coins

Yeah, it works with all states. Just upload your PDFs and it cross-checks everything automatically. Much better than trying to manually compare documents line by line.

0 coins

Never heard of that tool but honestly anything that prevents filing mistakes sounds worth trying.

0 coins

WHY is this so complicated?? I swear every state has different rules and NC seems to change theirs every few months. Last year I had a filing rejected because I used 'Inc.' instead of 'Incorporated' even though both appeared in different corporate documents. The whole system is a nightmare.

0 coins

I feel your pain. The inconsistency between states is maddening. At least with electronic filing you find out about rejections faster than the old paper days.

0 coins

True, but then you're scrambling to fix it and refile before your collateral gets sold or something crazy happens.

0 coins

For NC specifically, I always check the exact name format in their corporate database first, then search existing UCC filings to see what's already been used. Sometimes you'll find the Secretary of State's office has been accepting different variations of the same name, which can guide your decision. Also worth calling their UCC department directly - they're usually helpful about name questions.

0 coins

Good point about calling them. I didn't think they'd give advice over the phone but worth a try.

0 coins

They won't give legal advice but they'll usually tell you if a specific name format would be acceptable for filing purposes.

0 coins

I had something similar happen with a debtor in NC. The trick is to run searches under ALL the name variations you're seeing, then file under the official corporate name but also consider doing a UCC-1 addendum that references the other name variations as trade names or aliases. Better to over-document than under-document.

0 coins

That's interesting about the addendum approach. I've never seen that done but it makes sense for complex name situations.

0 coins

Yeah, it's not commonly done but when you have name confusion it can provide extra protection. Your lawyer would need to advise on whether it's necessary in your specific situation.

0 coins

Just went through this exact issue last month. What I ended up doing was pulling the official Articles of Incorporation from the NC Secretary of State database, then using that exact name format for the UCC-1. But I also did a comprehensive search under all variations to make sure I wasn't missing existing liens. Turned out there was an old UCC-1 under the abbreviated version that was about to lapse anyway.

0 coins

That's exactly what I'm worried about - missing an existing lien that could affect our priority position.

0 coins

Yeah, that's why the comprehensive search is so important. You need to know what's already out there before you file.

0 coins

wait, can you actually lose your security interest just because of a name variation? That seems crazy harsh

0 coins

Unfortunately yes, if the name is wrong enough that other searchers can't find your filing, courts have ruled the security interest is unperfected. It's a harsh rule but it's designed to make the system reliable for searchers.

0 coins

wow that's terrifying. makes me want to double-check every filing I've ever done

0 coins

I've started using verification tools for this exact reason. Too many horror stories about small name differences invalidating security interests. The one time I tried to manually verify everything I missed a middle initial difference and almost had a problem. Now I let technology do the cross-checking - much more reliable than human eyes.

0 coins

Which verification tool do you use? I'm getting paranoid about this stuff after reading this thread.

0 coins

I use Certana.ai for document verification. You just upload your corporate docs and draft UCC forms and it flags any inconsistencies. Takes like 2 minutes and gives you peace of mind that everything matches up properly.

0 coins

That actually sounds really useful. I hate manually comparing documents - too easy to miss something important.

0 coins

NC Secretary of State has been pretty good about name matching in my experience, but they're also very literal. If the corporate name has a comma, use the comma. If it doesn't, don't add one. I learned this the hard way when a filing got rejected because I added punctuation that wasn't in the official name.

0 coins

This is really helpful. So you're saying stick exactly to what's in the Articles of Incorporation?

0 coins

Exactly. Don't try to 'fix' or standardize the name - use it exactly as it appears in the corporate records.

0 coins

The safest approach is probably to search under all name variations first to see what's already filed, then use the official corporate name for your new filing. If you're really worried about conflicts, you might want to file a UCC-1 under the official name and then do amendments that reference the other variations, but that's probably overkill unless you have a specific reason to think there's confusion in the marketplace.

0 coins

Thanks, this gives me a good game plan. I think I'll start with comprehensive searches and then verify everything matches before filing.

0 coins

Good plan. Better to spend a little extra time on verification than deal with the nightmare of an invalid security interest later.

0 coins

UCC Document Community AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today