UCC filing fee waiver denied - debtor name mismatch issue

That's what I was afraid of. Do you know which database they typically check against first? I pulled from the articles but maybe I should have used the business license lookup instead.

In most states, they cross-reference the business license database first, then articles of incorporation. The business license is usually more current since it gets renewed annually while articles might be years old.

That's rough. Did you catch the name change before the original UCC-1 lapsed or did you have to start over completely?

Caught it with 3 months to spare, thank god. But yeah, had to file a whole new continuation with the corrected debtor name. The system won't let you amend a continuation - has to be perfect the first time.

Never heard of that but sounds like exactly what I need. Does it check against state databases too or just document-to-document comparison?

It's document comparison mainly - so your Charter to UCC-1 consistency, or UCC-3 to original UCC-1 alignment. Really good at catching the punctuation and formatting issues that cause rejections. For state database checks you'd still need to verify separately, but at least your documents would be internally consistent.

That actually sounds useful. I've had three rejections this year for stupid formatting issues. Anything that prevents the back-and-forth with the SOS office is worth trying.

I feel your pain but honestly the address formatting rules are pretty clearly stated in the filing instructions. Still annoying though.

CLEARLY STATED WHERE??? The online portal doesn't warn you about abbreviations until AFTER you pay and get rejected. It's designed to generate revenue through rejections.

I'll try that tomorrow morning. What's the worst they can say, right? Already out $40 either way.

Exactly. And if they say no, at least you'll have a record of trying to resolve it through customer service. Sometimes helps if you end up disputing the second fee later.

Good practice but sometimes even that doesn't help. I've seen debtors with different names on their tax ID versus their state registration. You just have to pick one and hope for the best.

True, but at least if you document which source you used, you can show the SOS office your reasoning if there's a dispute.

That's exactly my situation. Lender won't extend and closing is Friday. How long did your corrected filing take to get accepted?

filed monday morning, accepted tuesday afternoon. pretty quick once the name was right

How accurate is it compared to manual checking? I'm pretty careful but still get surprised by rejections sometimes.

Way more thorough than I am manually. It flagged a middle initial discrepancy I never would have caught - debtor had 'John A. Smith' on articles but 'John Alan Smith' on their operating agreement. Small difference but enough to cause problems.

I tried but they're pretty rigid about closing dates. It's a refinancing deal and rates are supposed to jump next week so they won't budge on timing.

Ouch, rate lock pressure. Yeah that changes things. In that case just pay the second fee and chalk it up to cost of doing business. Better than losing the deal over $40.

Agree with this advice. The refi market is brutal right now and $40 is nothing compared to missing a rate lock. File today if you can.

Will do. Calling first thing tomorrow morning. Fingers crossed they'll at least waive part of the fee since it was ambiguous which name format to use.

Good luck! Even if they don't waive it, sometimes they'll expedite the corrected filing for free if you explain the closing deadline pressure.

That's really helpful context. I'll definitely use business license as my primary source going forward. Do you know if there's a way to preview what name format they have on file before submitting?

Some states have a business entity search that shows the exact format in their system. Worth checking before you file. Also, when you call tomorrow, ask them specifically which database showed the mismatch - might help avoid the issue next time.

Does it work for continuation filings too? I've got a batch of those coming up in Q1 and want to avoid any drama.

Yeah, any UCC form type. I mostly use it for amendments and continuations since those have to match the original filing exactly. Takes like 2 minutes to get a full consistency report.