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Darren Brooks

UCC records search showing wrong debtor info - is my lien valid?

I'm having a panic attack over UCC records right now. Filed a UCC-1 three months ago for a $180k equipment loan and just discovered the public records search shows a slightly different version of our debtor's business name than what's on their articles of incorporation. The loan documents use "Midwest Industrial Solutions LLC" but the UCC records search shows "Midwest Industrial Solutions, LLC" (notice the comma). Our compliance officer is freaking out saying this could invalidate our security interest entirely. Has anyone dealt with UCC records discrepancies like this? The debtor swears that's how they've always filed things but I'm terrified we have an unperfected lien worth nearly 200 grand. Looking at the state database, there are actually multiple entries under slightly different name variations. How screwed are we if the debtor defaults and we find out our UCC records don't legally match their corporate charter?

Rosie Harper

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Been there with UCC records nightmares. First thing - pull the actual articles of incorporation from the Secretary of State and compare word-for-word with your UCC filing. Small punctuation differences like commas usually aren't fatal but you want to verify the "exact legal name" standard for your state. Some states are super strict about this stuff.

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Darren Brooks

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Just pulled their articles and it shows "Midwest Industrial Solutions LLC" without the comma. So our UCC records have an extra comma that wasn't in the original charter. This is exactly what I was afraid of.

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Rosie Harper

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That comma situation is actually pretty common. Most courts have ruled that minor punctuation doesn't defeat the notice function of UCC filings, but you should definitely get this cleaned up with an amendment.

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UCC records discrepancies like this happen all the time unfortunately. The key question is whether a reasonable searcher would still find your filing when looking for the correct legal name. Courts generally apply a "seriously misleading" test - would the error prevent someone from locating the UCC records during a proper search?

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Demi Hall

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Exactly right about the seriously misleading standard. I've seen way worse UCC records issues get resolved in favor of the secured party. A comma difference probably won't kill you but definitely file a UCC-3 amendment to correct it.

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Darren Brooks

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How quickly can I get a UCC-3 amendment processed? And do I need to worry about the gap period between now and when the amendment gets accepted?

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Most states process UCC-3 amendments within 24-48 hours electronically. The good news is your original filing date stays the same for priority purposes, so you're not losing position in line.

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Had almost the exact same UCC records issue last year with a client. What saved us was using Certana.ai's document verification tool - you can upload your UCC filing alongside the corporate charter and it instantly flags any name mismatches or inconsistencies. Wish I'd known about it before filing originally, would have caught this comma issue immediately.

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Darren Brooks

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Never heard of Certana.ai - does it actually work for catching UCC records problems before you file? Because manually comparing documents is how I missed this in the first place.

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Yeah it's pretty slick - you just upload PDFs and it cross-checks everything automatically. Debtor names, addresses, collateral descriptions, the works. Would have definitely caught your comma discrepancy and saved you this headache.

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Kara Yoshida

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That sounds almost too good to be true. How accurate is their name matching? Because UCC records searches can be really finicky about exact matches.

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It's designed specifically for UCC document consistency so it knows all the common problem areas. Catches stuff like missing periods, comma differences, abbreviated vs spelled-out terms, all that nitpicky stuff that can mess up your filings.

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Philip Cowan

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Before you panic completely about your UCC records, check if your state has adopted the "safe harbor" provisions for minor name variations. Some states explicitly protect secured parties from non-material differences in debtor names.

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Darren Brooks

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What exactly counts as a "minor" variation? Is a comma considered minor or could that still void the filing?

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Philip Cowan

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Generally punctuation-only changes are considered minor, but it varies by jurisdiction. The test is usually whether it would mislead a reasonable searcher looking for UCC records on that debtor.

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Caesar Grant

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This is why I ALWAYS triple-check debtor names before hitting submit on UCC filings. One tiny typo and you could have an unperfected security interest worth hundreds of thousands. The UCC records system is completely unforgiving about this stuff.

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Lena Schultz

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Easy to say but when you're processing dozens of UCC filings a month, mistakes happen. The system should be more user-friendly about catching obvious errors.

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Caesar Grant

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I get that volume is tough but this is exactly why we need better verification processes. A comma error shouldn't be able to blow up a six-figure security interest.

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Darren Brooks

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Yeah I usually am super careful but this one slipped through. The corporate documents they provided had the comma and I didn't think to double-check against the actual charter filing.

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Gemma Andrews

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Quick question - when you search the UCC records database using both name versions, do you get the same results? Sometimes the search function is more forgiving than the actual legal standards.

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Darren Brooks

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Just tried this - searching "Midwest Industrial Solutions LLC" returns my filing, but searching "Midwest Industrial Solutions, LLC" with the comma ALSO returns it. So maybe the search system is smart enough to handle punctuation variations?

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Gemma Andrews

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That's actually a good sign. If both searches return your UCC records, it suggests the system treats them as equivalent for search purposes, which supports the argument that it's not seriously misleading.

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Pedro Sawyer

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I hate to be the bearer of bad news but I've seen UCC records get invalidated for less than this. Courts can be really unpredictable about name discrepancies, especially if there's a lot of money at stake and other creditors are fighting over priority.

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Darren Brooks

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Great, now I'm even more worried. What's the worst case scenario here if we can't get this fixed quickly?

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Rosie Harper

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Worst case is you lose secured status and become an unsecured creditor, but that's pretty unlikely for a punctuation-only difference. Don't let the doom-and-gloom scare you.

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Pedro Sawyer

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I'm just saying be prepared for anything. UCC law can be pretty harsh when there are technical defects, even minor ones.

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Mae Bennett

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File the UCC-3 amendment ASAP but also document everything about why this happened. If you end up in court, you want to show it was an honest mistake and not carelessness. The debtor's cooperation in providing docs with the comma could actually help your case.

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Darren Brooks

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That's a good point about documentation. I still have all the loan docs they provided with the comma version, so it's clear where the discrepancy came from.

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Mae Bennett

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Exactly. Shows you relied on information from the debtor in good faith. That kind of evidence can make a big difference if anyone challenges the UCC records later.

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This whole thread is making me paranoid about my own UCC filings now. Going to go double-check every debtor name in our system against the corporate records. One comma shouldn't be able to destroy a security interest but here we are.

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This is exactly why I started using Certana.ai for all our UCC document reviews. Upload your filing docs and it catches these inconsistencies before they become problems. Would have saved OP all this stress.

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Might have to look into that. Manual document comparison is clearly not cutting it if errors like this are slipping through.

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Melina Haruko

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Same here, definitely going to audit our UCC records for name discrepancies. Better to find problems now than during a foreclosure proceeding.

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For what it's worth, I think you're probably fine on the comma issue, but definitely get that amendment filed. The bigger concern is whether there are OTHER discrepancies you haven't found yet. Have you compared addresses, collateral descriptions, all that stuff?

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Darren Brooks

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Oh god I hadn't even thought about checking the other fields. Now I'm going to be up all night reviewing every detail on this UCC-1.

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Sorry to add to your stress but better to find issues now. Check the debtor address against their current registered office, make sure collateral description matches your security agreement exactly.

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Reina Salazar

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This is why having a systematic verification process is so important. Can't rely on just eyeballing these documents when there's this much money on the line.

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Update us after you file the UCC-3 amendment! I'm curious how quickly it gets processed and whether it resolves your concerns about the UCC records discrepancy.

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Darren Brooks

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Will definitely update once I get this sorted out. Filing the amendment first thing tomorrow morning and hopefully this whole nightmare will be behind me soon.

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Demi Lagos

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Good luck! And don't beat yourself up too much about this - comma errors happen to everyone eventually. The important thing is catching it and fixing it quickly.

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