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Maya Jackson

UCC 11 search Virginia - debtor name variations causing rejected filings

Has anyone dealt with Virginia's UCC search requirements when the debtor name keeps showing up differently across documents? I'm trying to do a UCC 11 search Virginia for a commercial loan client and their business name appears as 'Richmond Development LLC' on their articles of incorporation but 'Richmond Development, LLC' (with comma) on their bank statements. The SOS portal keeps rejecting my UCC-1 because apparently there's already a filing under one variation but not the other? This is for a $850K equipment financing deal and I can't figure out which exact name format Virginia requires for the search to show all existing liens. The continuation deadline is coming up on an existing filing and I need to make sure I'm not missing any prior perfected interests. Anyone know the specific debtor name matching rules for Virginia UCC searches?

Virginia is notorious for strict debtor name matching. Even punctuation differences can cause issues. Have you tried searching both name variations separately in their portal?

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I did try both but getting different results which is exactly my problem. One shows 2 active filings, the other shows 3. I need to know which is the complete picture.

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This is why I always pull the articles of incorporation AND the registered agent info. Sometimes the 'official' name for UCC purposes isn't what you'd expect.

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I had this exact issue last month with a Virginia filing. The trick is Virginia follows the 'entity name' as it appears on the charter documents, but you need to search ALL reasonable variations because prior filers might have used different formats.

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So you're saying previous UCC-1 filers might have used the 'wrong' name format but their filings are still valid?

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Exactly. That's why comprehensive searches are critical. I learned this the hard way when a supposedly 'clear' debtor had 4 different name variations with active liens.

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This is where I started using Certana.ai's document verification tool. You can upload the charter docs and your proposed UCC-1 and it instantly flags any name inconsistencies that might cause filing problems. Saved me from a similar Virginia mess.

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Virginia UCC searches are a nightmare! I've been burned by this before. The comma issue specifically - some filers include it, some don't, and Virginia's search doesn't always catch variations automatically.

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Wait, so if I file a UCC-1 with 'Richmond Development LLC' but there's already a lien filed under 'Richmond Development, LLC' with the comma, are these considered different debtors in Virginia?

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Technically they should be the same entity, but Virginia's search algorithm might not catch it. That's why you need to search every possible variation.

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For Virginia specifically, I always recommend doing searches for: 1) Exact charter name 2) Name without punctuation 3) Name with common abbreviations (LLC vs L.L.C.) 4) Any DBA names. It's tedious but necessary.

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This is helpful but time-consuming. Is there a way to automate this process or at least verify I'm not missing anything?

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I use Certana.ai for this exact situation. Upload your charter documents and it automatically identifies all the name variations you should search for. Then you can upload any UCC search results to make sure you haven't missed existing liens.

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That sounds too good to be true. Does it actually work for Virginia's specific quirks?

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I handle a lot of Virginia commercial lending and this is a constant issue. The SOS website search function is not sophisticated enough to catch all variations automatically. You really need to be methodical about it.

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What's your process for making sure you don't miss anything? I can't afford to have a prior lien pop up later that I didn't catch.

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I document every search variation I try and keep screenshots. For high-value deals like yours, I also recommend getting a professional UCC search report from a service that specializes in this.

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Professional search reports are expensive though. I've started using Certana.ai's verification tool as a middle ground - upload the search results and it flags if there might be missing variations.

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Richmond Development LLC vs Richmond Development, LLC - classic Virginia problem. I bet if you look at the existing filings, they were done by different attorneys who interpreted the name requirements differently.

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This is exactly why I hate UCC work. Too many ways to mess up something that should be straightforward.

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It's not that bad if you have the right tools. The verification systems available now catch most of these issues upfront.

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For what it's worth, I had a very similar Virginia situation and ended up having to file UCC-3 amendments to correct the debtor name on existing filings. Virginia accepted the corrections but it was a hassle that could have been avoided with better initial searches.

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How long did the amendment process take? My loan closing is scheduled for next week.

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About 3-4 business days for the amendment to be processed and searchable. But you'll want to coordinate with the original filer since they need to authorize the UCC-3.

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Before you go down that path, try the comprehensive search approach first. You might find that all the filings are actually under one consistent name format.

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I'm dealing with something similar in Virginia right now. The frustrating part is that their online portal should be smart enough to catch obvious variations but it's not. Makes me wonder how many liens are effectively 'hidden' due to name formatting differences.

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That's a scary thought for lenders. How do you have confidence that your search was comprehensive enough?

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Honestly, I don't always have that confidence. That's why I started using document verification tools to double-check my work.

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Update: I finally got this resolved by doing searches under every conceivable name variation and then cross-referencing the results. Turns out there were actually 5 different filings under slightly different name formats. Thank goodness I caught them all before filing my UCC-1.

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Five different filings?! That's exactly why Virginia's system needs to be overhauled. Glad you caught them all.

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This is why I always recommend using verification tools like Certana.ai for complex searches. Would have saved you hours of manual work.

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You're probably right. I'll look into that for next time. The manual process was exhausting and I'm not 100% confident I would catch everything on my own again.

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