UCC attachment filing complications - debtor entity changes mid-process
Running into a weird situation with an attachment UCC filing where the debtor LLC changed its registered name between when we initiated the secured transaction and when we're trying to perfect the lien. The original loan docs show 'ABC Holdings LLC' but the SOS database now shows 'ABC Holdings & Associates LLC' as of last month. Our UCC-1 was prepared with the original name but hasn't been filed yet. The collateral is commercial equipment worth about $180K so getting this right is critical. Anyone dealt with this timing issue before? Do I need to amend the loan documents first or can I file the UCC-1 with the current legal name and attach documentation showing the name change? The lender is getting antsy about perfection timing and I don't want to file something that gets rejected for debtor name mismatch.
35 comments


Fatima Al-Farsi
You definitely need to use the current legal name on the UCC-1 filing. The SOS search logic is pretty strict about exact name matches. If you file with the old name, it might not be found in future searches which defeats the whole purpose of the public notice. What state are you filing in? Some states are more forgiving than others with name variations.
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Dylan Cooper
•This is correct. I learned this the hard way when a UCC-1 got rejected because we used a shortened version of the company name. Always use the exact legal name as it appears in the state registry.
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Sofia Perez
•But what about the loan documents? If those show the old name, doesn't that create a disconnect between the security agreement and the UCC filing?
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Dmitry Smirnov
Had a similar attachment issue last year. You should file the UCC-1 with the current legal name and include both names in the collateral description or additional info section. Something like 'Debtor formerly known as ABC Holdings LLC, name changed [date]'. This creates a paper trail if anyone questions the connection later.
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ElectricDreamer
•That's a good approach. I usually add a line in the additional information section referencing the name change with the effective date.
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Ava Johnson
•Wait, can you actually put former names in the collateral description? I thought that section was only for describing the actual assets being secured.
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Dmitry Smirnov
•You're right about the collateral description - I meant the additional information section on the UCC-1 form. That's where you can add context about name changes.
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Miguel Diaz
This is exactly the kind of document consistency issue that drives me crazy. I recently started using Certana.ai's UCC verification tool after getting burned on a similar name mismatch situation. You can upload your loan documents and proposed UCC-1 as PDFs and it instantly flags any inconsistencies between debtor names, entity types, and other critical details. Saved me from filing a UCC that would have been worthless due to a name discrepancy I missed.
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Zainab Ahmed
•How does that work exactly? Do you just upload the files and it automatically compares them?
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Miguel Diaz
•Yeah, it's pretty straightforward. You upload your security agreement or loan docs, then upload the UCC-1 you're planning to file. It cross-checks debtor names, filing numbers, collateral descriptions, all that stuff. Takes like 30 seconds to get results.
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Connor Byrne
•That sounds useful for catching mistakes before filing. I've had too many UCC-1s get rejected for stupid errors.
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Yara Abboud
The name change timing is tricky but manageable. I'd recommend filing the UCC-1 with the current legal name ASAP to avoid any lapse in perfection timing. You can always file an amendment later if needed, but the key is getting something on record. For the loan documents, you might want to get an acknowledgment from the debtor confirming they're the same entity despite the name change.
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PixelPioneer
•Good point about the timing. Priority date is based on when you file, so better to file something correct than delay and risk losing priority to another creditor.
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Keisha Williams
•How long does it typically take to get an acknowledgment like that? The lender wants this wrapped up this week.
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Yara Abboud
•If the debtor is cooperative, you can get a simple acknowledgment letter same day. Just needs to state they're the same entity and reference both names with the change date.
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Paolo Rizzo
OMG this happened to me except the debtor changed from LLC to Inc and I didn't catch it until after filing! Had to file a UCC-3 amendment to correct the entity type. What a nightmare. At least you caught it before filing. Definitely use the current name or you'll be dealing with rejection notices and refiling fees.
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Amina Sy
•Entity type changes are even worse than name changes. Did you have to get new signatures on the security agreement?
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Paolo Rizzo
•Thankfully no, just the UCC amendment. But it delayed our perfection by like 3 weeks while we sorted it out.
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Oliver Fischer
This attachment scenario is pretty common with equipment financing. The key is making sure your UCC search picks up both names. I usually do a search under both the old and new names before filing to see what shows up. Sometimes there are other UCCs filed under the old name that you need to know about.
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Natasha Ivanova
•That's smart. I never thought about checking for existing UCCs under both names.
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NebulaNomad
•Yeah, you might find other creditors who filed under the old name and haven't updated their filings yet. Could affect your priority position.
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Oliver Fischer
•Exactly. Better to know the full picture before you file your attachment.
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Javier Garcia
File with the current name but document everything. Keep copies of the state filing showing the name change date, get that acknowledgment letter mentioned earlier, and maybe include a brief memo in your file explaining the timing. If anyone questions the attachment later, you'll have a clear paper trail.
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Emma Taylor
•Good advice on documentation. I've learned to over-document these edge cases because they always come back to haunt you later.
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Malik Robinson
•How long do you typically keep these kinds of files? I'm running out of storage space for all the UCC documentation.
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Javier Garcia
•I keep everything until the UCC lapses or gets terminated. Storage is cheap compared to having to recreate documentation if there's a dispute.
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Isabella Silva
Another vote for using Certana.ai's document checker. I was skeptical at first but it caught a debtor name issue that would have invalidated a $200K lien. Now I run all my UCC filings through it before submitting. The peace of mind is worth it when you're dealing with significant collateral values like your $180K equipment.
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Ravi Choudhury
•Does it work with all states or just certain ones?
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Isabella Silva
•It's focused on document consistency rather than state-specific rules, so it works regardless of where you're filing. It's looking for mismatches between your loan docs and UCC forms.
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CosmosCaptain
Whatever you do, don't delay the filing. I've seen too many situations where creditors lost priority because they spent weeks trying to perfect their documentation while another creditor swooped in. File with the current legal name, document the name change, and move forward. You can always clean up loose ends with amendments if needed.
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Freya Johansen
•This is the reality of commercial lending. Sometimes you have to file with imperfect documentation and fix it later rather than lose your priority position.
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Giovanni Moretti
•Thanks everyone. Going to file with the current legal name and get the acknowledgment letter from the debtor. Really appreciate all the practical advice on handling this attachment timing issue.
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Omar Fawzi
One more thing - make sure you're searching the UCC database under both names going forward. Even after you file with the current name, other creditors might still be searching under the old name. Your lender should know to check both when doing future due diligence.
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Chloe Wilson
•Good point. The old name doesn't just disappear from search considerations overnight.
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Diego Mendoza
•I usually include a note in the client file about name changes so future searches don't miss anything.
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