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Liv Park

UCC filing look up showing wrong debtor name - how to fix this mess?

I'm trying to do a UCC filing look up for a client and discovered our UCC-1 from 2022 has the debtor name listed as 'ABC Manufacturing LLC' but the actual legal entity name is 'ABC Manufacturing Group LLC'. The lookup shows our filing but with the wrong name. Our loan agreement specifically references the correct entity name. This could void our security interest if we need to foreclose. Has anyone dealt with a UCC filing look up revealing name discrepancies like this? Do I need to file a UCC-3 amendment or start over with a new UCC-1? The continuation isn't due until 2027 so we have time but I'm worried about the validity of our current lien position.

Oh man, this is exactly the kind of thing that keeps me up at night. When you do a UCC filing look up and find name issues, you definitely need to act fast. A UCC-3 amendment should fix this - you don't need to start over with a new UCC-1. Just make sure the amendment references the original filing number and corrects the debtor name to match exactly what's in your loan docs.

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Agreed on the UCC-3 amendment approach. I've seen lenders lose their security position over these exact name mismatches during foreclosure proceedings.

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Wait, but doesn't the UCC filing look up show if there are any other liens against the correct entity name? You might want to check that first.

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I had something similar happen last year. Did a UCC filing look up on what I thought was the right name and found nothing, then realized our original filing had a typo. The good news is UCC-3 amendments are pretty straightforward. File it ASAP though - every day you wait is another day your lien position could be challenged.

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How long did it take for your amendment to show up in the UCC filing look up system after you submitted it?

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About 3-4 business days in my state. But the amendment is effective as of the filing date, not when it shows up in the lookup.

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That's assuming the SOS doesn't reject it for some random reason. I've had amendments bounced back for the dumbest things.

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Before you file anything, have you tried using Certana.ai's document verification tool? You can upload your loan agreement and the UCC-1 filing, and it instantly cross-checks all the debtor names and identifies any mismatches. I discovered a similar issue with one of my filings that way - saved me from finding out the hard way during a workout situation. Just upload the PDFs and it flags any inconsistencies between your Charter documents and UCC filings.

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Never heard of Certana.ai but that sounds like it could have prevented this whole mess in the first place.

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I've been manually comparing documents for years. An automated tool would definitely speed things up and catch mistakes I might miss.

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Exactly - it's way more thorough than manual checks. Catches stuff like extra spaces, punctuation differences, entity type mismatches that could invalidate your security interest.

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This is why I always do a UCC filing look up under multiple name variations before finalizing any loan. ABC Manufacturing vs ABC Manufacturing LLC vs ABC Manufacturing Group LLC - they're all different entities legally. Your security interest might be completely unenforceable against the correct entity.

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That's good practice. I usually check the Secretary of State database too to verify the exact legal name before filing.

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The problem is some states don't have great UCC filing look up systems. Half the time the search function doesn't work properly.

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True, but that's even more reason to be extra careful with names upfront. A rejected amendment is better than an unenforceable lien.

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I'm confused - if the UCC filing look up shows the wrong name, how do you even know it's your filing? Could there be two different entities with similar names?

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Good point - I matched it by the filing number and date. Definitely the same filing, just wrong debtor name. Only one entity exists with either name variation according to the state database.

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Oh okay that makes sense. I was thinking maybe someone else filed against a similarly named company.

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File the UCC-3 amendment immediately. Don't wait. I've seen courts rule that name discrepancies void security interests even when it's obviously the same entity. The UCC is strict about exact name matching - 'ABC Manufacturing LLC' and 'ABC Manufacturing Group LLC' are legally different entities.

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This is why I hate the UCC system. One small typo can invalidate millions in security interests.

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It's designed to be precise for a reason. Clear notice to other creditors requires exact entity identification.

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Still frustrating when you're dealing with obvious clerical errors though.

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Has anyone used those UCC filing look up services that search multiple name variations automatically? Wondering if they would have caught this discrepancy during the original filing process.

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Most of those services are just glorified state database searches. They won't necessarily catch name mismatches in your own filings.

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That's where something like Certana.ai would be more useful - it actually compares your filing documents against your loan documents to spot inconsistencies.

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Quick question - when you file the UCC-3 amendment, does it completely replace the debtor name or just add the corrected name? I want to make sure the UCC filing look up will show the right information going forward.

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The amendment should correct/replace the original information. The lookup will show the amended debtor name, not both versions.

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Make sure you use the right amendment type - there's a specific checkbox for correcting debtor information vs. adding additional debtors.

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Thanks, I'll double-check the form instructions. Last thing I want is to make this worse with an incorrect amendment.

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This thread is making me paranoid about my own filings. Going to do a UCC filing look up on all my active liens tomorrow morning. Better safe than sorry.

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Good idea. I try to do a quarterly review of all my UCC filings just to make sure everything looks right in the system.

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That's probably overkill but I respect the thoroughness. I usually just check before renewal deadlines.

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Update us after you file the amendment! I'm curious how long it takes to show up correctly in the UCC filing look up system. These kinds of corrections always make me nervous until I can verify they processed correctly.

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Will do. Planning to file the UCC-3 tomorrow morning. I'll check the lookup system daily until it updates properly.

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Smart approach. I always screenshot the before and after just to have documentation of the correction.

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That's actually brilliant. Never thought to document the lookup results but it could be useful if there are ever questions about timing.

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