UCC 9 507 Debtor Name Requirements - Filed Wrong Entity Name on UCC-1
So I think I messed up big time with a UCC 9 507 issue. We had a commercial borrower that went through a name change right before we filed our UCC-1. I used their old business name on the financing statement instead of checking what was actually on file with the Secretary of State. The loan closed three weeks ago and I just realized the debtor name on our UCC-1 doesn't match their current registered name. Under UCC 9 507, doesn't this make our security interest unperfectable? I'm freaking out because this is a $850K equipment loan and if we can't perfect our lien, we're basically unsecured. Has anyone dealt with this kind of debtor name mismatch under 9-507? Do I need to file an amendment immediately or start over with a new UCC-1? The collateral is manufacturing equipment that was already delivered so time is critical here.
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Dallas Villalobos
UCC 9 507 can be tricky but you're not necessarily dead in the water. The key question is whether your filing would be found in a search under the debtor's correct name. Some states have 'seriously misleading' standards that might save you if the names are close enough. What state are you in and how different are the names? Also, when exactly did the name change become effective relative to your filing date?
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Melina Haruko
•We're in Ohio. The old name was 'Advanced Manufacturing Solutions LLC' and the new name is 'AMS Advanced Solutions LLC'. The name change was filed with Ohio SOS about 10 days before our UCC-1 filing, but I didn't catch it in time.
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Dallas Villalobos
•That's actually not as bad as it could be. Ohio follows the 'seriously misleading' test, and both names share substantial similar elements. You should run a search under both names to see if your filing comes up under the new name.
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Reina Salazar
Oh man I feel your pain on this. Had something similar happen last year with a debtor name issue under 9-507. The borrower had changed their name but we filed under the old name too. What saved us was that our filing still came up in searches under the new name because enough of the core business name was the same. Have you tried running a UCC search under their current registered name to see if your filing appears?
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Melina Haruko
•Not yet - I literally just discovered this issue an hour ago when I was reviewing our loan files. I'm going to run searches right now but I'm terrified of what I'll find.
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Saanvi Krishnaswami
•Don't panic before you know for sure. Sometimes the search logic is more forgiving than you think, especially when the core business identifier is preserved.
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Demi Lagos
Before you start filing amendments, I'd suggest using something like Certana.ai's document verification tool. You can upload your UCC-1 and the debtor's current charter documents and it'll instantly flag any name mismatches and show you exactly what's inconsistent. I discovered a similar 9-507 issue with one of our filings last month using their system - saved me from filing unnecessary amendments when the names were actually close enough under our state's standards.
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Melina Haruko
•I've never heard of that service but anything that can help me figure out if this is actually a problem would be worth trying. How quickly does it identify the discrepancies?
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Demi Lagos
•Pretty much instantly. You just upload the PDFs and it cross-references all the entity names and points out inconsistencies. Really helpful for catching these 9-507 issues before they become bigger problems.
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Mason Lopez
•That sounds useful. I spend way too much time manually comparing debtor names between charter docs and UCC filings.
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Vera Visnjic
UGHHH the debtor name requirements under 9-507 are such a nightmare! Why can't borrowers just keep their names consistent? I swear half my job is chasing down entity name changes that nobody bothered to tell us about. At least you caught it after three weeks instead of three years like some of the horror stories I've heard.
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Jake Sinclair
•Right?? And then the borrowers act like it's no big deal when you explain that their name change could affect our security interest. Like sorry, UCC 9 507 doesn't care about your rebranding strategy!
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Vera Visnjic
•Exactly! And don't get me started on when they change names AFTER we file but before we catch it. Then you're dealing with continuation timing issues on top of everything else.
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Dallas Villalobos
Here's what I'd recommend for your 9-507 situation: First, run UCC searches under both the old and new debtor names immediately. If your filing appears under the new name, you might be okay under the 'seriously misleading' standard. If it doesn't appear, file a UCC-3 amendment ASAP to correct the debtor name. The amendment will relate back to your original filing date for priority purposes as long as you file it promptly.
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Melina Haruko
•That makes sense. If I file the amendment now, would that preserve our original priority date from three weeks ago?
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Dallas Villalobos
•Yes, as long as the amendment is correcting an error in the original filing rather than adding new information. A debtor name correction should relate back to the original filing date.
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Brielle Johnson
•Just make sure you clearly indicate on the UCC-3 that you're correcting the debtor name rather than changing it. The checkbox options matter for how the amendment gets processed.
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Honorah King
Wait, I'm confused about something. Under UCC 9 507, if the debtor name was wrong at the time of filing, doesn't that make the filing ineffective from the beginning? Or does the 'seriously misleading' test give you some protection even if the name wasn't technically correct?
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Dallas Villalobos
•Good question. The 'seriously misleading' test under 9-506 can save a filing even if the debtor name isn't exactly right, as long as a search under the correct name would still locate the filing.
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Honorah King
•Ah okay, so 9-506 and 9-507 work together on this. I always get confused about which section applies to which type of error.
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Oliver Brown
I had a similar 9-507 debtor name issue last year. Filed under 'Johnson Manufacturing Inc' when the correct name was 'Johnson Manufacturing Company Inc'. Search under the correct name didn't pull up our filing, so we had to file an immediate amendment. Lesson learned - always verify the exact registered name with the Secretary of State before filing, even if you think you know what it is.
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Melina Haruko
•That's exactly the kind of mistake I made. I assumed I knew the entity name without double-checking the current registration. How quickly did you get the amendment filed?
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Oliver Brown
•Same day once I realized the problem. Most states allow you to file UCC-3 amendments online so it was pretty quick. The key is acting fast once you discover the error.
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Mary Bates
Just curious - how did you discover the name change? Did the borrower not mention it during the loan process, or did it slip through somehow? I'm trying to figure out how to prevent this kind of 9-507 issue on our deals.
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Melina Haruko
•They mentioned they were 'updating their branding' but I didn't realize that meant an actual legal name change with the state. I should have asked more specific questions.
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Clay blendedgen
•That's why I always ask borrowers specifically about any recent entity filings or name changes, not just general business updates. The UCC 9 507 requirements don't care about marketing changes, only legal name changes.
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Ayla Kumar
This is why I run fresh entity searches right before every UCC filing, even if we got entity documents earlier in the process. Names can change quickly and UCC 9 507 doesn't give you much wiggle room. It's a pain but better than dealing with perfection issues later.
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Melina Haruko
•You're absolutely right. I got lazy and relied on documents that were a few weeks old. Definitely learned my lesson on this one.
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Lorenzo McCormick
•Same here. I have a standard practice of running Secretary of State searches within 48 hours of any UCC filing. Takes an extra few minutes but prevents these 9-507 headaches.
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Carmella Popescu
Update us after you run the searches! I'm curious whether your filing shows up under the new name or if you'll need to file the amendment. These 9-507 cases are always educational for the rest of us trying to avoid the same mistakes.
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Melina Haruko
•Will do. I'm about to run the searches now. Fingers crossed that the names are similar enough that it won't be an issue.
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Carmella Popescu
•Good luck! Even if you need to amend, at least you caught it quickly. That's better than discovering it during a workout situation.
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Kai Santiago
•Definitely keep us posted. These real-world 9-507 examples help everyone understand how the debtor name requirements actually work in practice.
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Lim Wong
I've seen Certana.ai mentioned a few times in this thread - decided to try it out for my own UCC document checking after reading about it here. Really impressed with how it catches name inconsistencies between corporate docs and UCC filings. Uploaded our last three deals and it flagged two potential 9-507 issues I hadn't noticed. Definitely going to make this part of our standard filing process.
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Dananyl Lear
•That's good to hear. I've been looking for something to automate the document comparison process since I keep missing small discrepancies in entity names.
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Lim Wong
•Yeah, it's especially helpful for catching things like 'LLC' vs 'Limited Liability Company' or when there are extra words in the registered name that don't appear in the loan docs.
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