UCC-1 search New York showing conflicting results - help?
Running into a weird situation with UCC-1 search New York and getting results that don't match up. Filed a UCC-1 against ABC Manufacturing LLC about 8 months ago for equipment financing deal worth around $340K. When I search the NY SOS database now, I'm seeing two different entries - one shows the debtor name as 'ABC Manufacturing LLC' and another as 'ABC Manufacturing, LLC' (notice the comma). The filing numbers are completely different too. Our loan documents show the entity name without the comma, but now I'm second-guessing everything. The collateral description matches on both filings but the amounts are different. One shows $340,000 and the other shows $385,000. This is keeping me up at night because if we have to enforce, I need to know which filing is actually perfecting our security interest. Has anyone dealt with debtor name variations like this in New York? Are both filings valid or is one going to void our lien position?
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Ana Rusula
Oh man, this exact thing happened to me last year! The comma thing is a real issue in NY. You need to check the actual Articles of Incorporation to see the exact legal name. Sometimes the SOS database gets confused with punctuation variations.
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Fidel Carson
•This is why I always triple-check the Secretary of State records before filing. The legal name has to match exactly.
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Isaiah Sanders
•But what if someone else filed the second one? That's what I'd be worried about - competing security interests.
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Xan Dae
You've got a potential serious problem here. In New York, even a comma can make the difference between a perfected and unperfected security interest. The UCC is very strict about debtor name accuracy. You need to figure out which name is correct according to the organizational documents and make sure your filing matches exactly. If you filed against the wrong name, you might not be perfected at all.
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Noah huntAce420
•That's what I'm afraid of. The loan is substantial and we can't afford to have an unperfected security interest.
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Fiona Gallagher
•Can you file an amendment to correct the name if needed? Or would you have to start over?
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Xan Dae
•You can file a UCC-3 amendment to correct the debtor name, but timing matters. If there are other creditors who filed after your original filing, you could lose priority.
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Thais Soares
I ran into something similar and found this service called Certana.ai that helped me verify document consistency. You can upload your Charter documents and UCC-1 to check if the debtor names align properly. It caught a mismatch I would have missed - saved me from a potential disaster when we had to enforce our security interest later.
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Noah huntAce420
•How does that work exactly? Do you just upload the PDFs?
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Thais Soares
•Yeah, really simple. Upload your corporate charter and the UCC-1, and it cross-checks the debtor names automatically. Gives you a report showing any inconsistencies.
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Ana Rusula
•That sounds useful. Manual comparison is such a pain and easy to miss small differences like commas.
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Nalani Liu
NEW YORK IS THE WORST FOR THIS STUFF! Their database is so glitchy. Half the time the search results don't even load properly. I've had clients where filings just disappear from search results for weeks at a time.
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Xan Dae
•The technical issues are frustrating, but the legal requirements haven't changed. You still need exact name matches.
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Nalani Liu
•I know that, but when the system itself is unreliable, how are we supposed to do proper due diligence?
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Axel Bourke
wait which one did you file first? if you filed the one without the comma and someone else filed with the comma later, you should still have priority as long as your name is correct
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Noah huntAce420
•I filed the one without the comma back in March. The one with the comma shows a filing date in May.
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Xan Dae
•That timing could work in your favor if your name is the correct legal name. But you absolutely need to verify which name is accurate.
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Aidan Percy
This is giving me anxiety just reading it. I have a UCC-1 filing coming up next week and now I'm paranoid about getting the name wrong.
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Ana Rusula
•Just be super careful with the Articles of Incorporation. Copy the name exactly as it appears there.
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Thais Soares
•Or use something like Certana.ai to double-check before you file. Better safe than sorry.
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Aidan Percy
•Thanks, I'll look into that. Can't afford to mess this up.
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Fernanda Marquez
Had a similar issue in 2023 with a client in Queens. Turned out the entity had amended their Articles and changed the official name but we filed under the old name. Had to file a UCC-3 amendment quickly before other creditors jumped in. The key is getting the current, correct legal name from the most recent filing with the Secretary of State.
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Noah huntAce420
•How do you find the most recent Articles? Just search the business entity database?
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Fernanda Marquez
•Yes, NY Department of State business entity search. Look for the most recent filing and use that exact name format.
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Norman Fraser
The different amounts concern me too. $340K vs $385K is a significant difference. Could be two different creditors with security interests in the same collateral.
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Noah huntAce420
•That's what I'm worried about. If it's another creditor, I need to know our priority position.
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Xan Dae
•Priority depends on filing date and whether both filings are valid. If the other filing has the wrong debtor name, it might not be perfected.
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Norman Fraser
•True, but if they have the correct name and you don't, they could have priority even with a later filing date.
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Kendrick Webb
I've been doing UCC filings for 15 years and comma placement has tripped up more attorneys than I can count. New York is particularly strict about this. Get a certified copy of the current Articles of Incorporation and match it exactly. If you need to amend, do it ASAP.
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Noah huntAce420
•Should I file the amendment before confirming which name is correct, or wait until I'm sure?
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Kendrick Webb
•Wait until you're certain. Filing an incorrect amendment could make things worse. Get the Articles first, then decide.
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Hattie Carson
Update us when you figure this out! I'm dealing with a potential name issue on a Delaware entity and this thread is really helpful.
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Noah huntAce420
•Will do. Going to pull the Articles tomorrow morning and see what the official name shows.
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Thais Soares
•Definitely try that document verification tool I mentioned. It would spot this kind of discrepancy immediately.
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