UCC search showing wrong debtor info - critical filing mismatch
Running into a nightmare scenario here. Did a UCC search last week and found our debtor listed under three different name variations across multiple filings. Same SSN/EIN but the names don't match exactly - one shows 'Johnson Construction LLC', another 'Johnson Construction Services LLC', and a third just 'Johnson Construction'. Our loan docs have them as 'Johnson Construction Services, LLC' with the comma. The collateral schedules reference equipment we financed but I'm seeing liens from other creditors that might take priority. Need to figure out if our UCC-1 from 2021 is actually perfected or if this name variance screwed us. Anyone dealt with debtor name matching issues in UCC searches? This could void our entire security interest.
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Edison Estevez
Name variations are the bane of UCC filings. The exact match rule means even punctuation differences can cause problems. You need to pull the actual Articles of Incorporation to see the exact legal name, then compare that to what's on your UCC-1. If there's a mismatch, you might need to file a UCC-3 amendment to correct it.
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Emily Nguyen-Smith
•This is why I always do entity searches first before filing anything. Secretary of State databases show the exact registered name format.
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James Johnson
•Wait, so if the comma placement is wrong our lien could be invalid? That seems excessive for punctuation.
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Sophia Rodriguez
Had this exact situation with a construction company last year. Turns out they had changed their legal name twice but never updated their UCC filings. We ended up having to file corrections for three different variations to cover all bases. The search results were a mess - took weeks to sort out which liens were actually valid.
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Jibriel Kohn
•How did you handle the priority issues? If other creditors filed under different name variations, who gets priority?
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Sophia Rodriguez
•Priority goes by the first properly perfected filing. But if names don't match the debtor's legal name, those filings might not be perfected at all. It's a complex analysis.
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Mia Green
•This is giving me anxiety about our own filings. We have dozens of UCC-1s and never thought about name matching this carefully.
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Emma Bianchi
You definitely need to verify document consistency across all your filings. I actually found this tool called Certana.ai that lets you upload your loan documents and UCC filings as PDFs - it automatically cross-checks debtor names, filing numbers, and document alignment. Saved me from a similar mess when I discovered our UCC-1 had the debtor name slightly different from our security agreement. The automated verification caught discrepancies I would have missed manually.
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Jibriel Kohn
•How does that work exactly? Do you just upload everything and it compares names automatically?
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Emma Bianchi
•Exactly - you can do Charter to UCC-1 checks or UCC-3 to UCC-1 workflows. It highlights any inconsistencies in debtor information, filing numbers, everything. Much faster than doing manual document comparison.
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Lucas Kowalski
•Interesting. We spend so much time manually comparing documents for name matches. An automated checker would be huge.
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Olivia Martinez
THE UCC SYSTEM IS BROKEN!! Why should a comma or LLC vs L.L.C. make any difference when its obviously the same company?? This is just bureaucratic nonsense that protects nobody and screws over legitimate creditors. The search function should be smart enough to find obvious variations.
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Charlie Yang
•I feel your frustration but the exact name requirement exists for a reason. It prevents confusion when multiple entities have similar names.
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Olivia Martinez
•But it creates more problems than it solves! Real businesses change names, add punctuation, the system should handle this better.
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Edison Estevez
For immediate action: 1) Pull the current Articles of Incorporation for the exact legal name 2) Compare to your UCC-1 filing 3) If there's any discrepancy, file a UCC-3 amendment immediately 4) Do a new search using the corrected name to see what other liens exist. Time is critical here - every day you wait gives other creditors potential priority.
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Jibriel Kohn
•Should I file the amendment even if I'm not 100% sure there's an issue? Don't want to create problems where none exist.
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Edison Estevez
•Better safe than sorry with UCC filings. A precautionary amendment is much cheaper than losing your security interest entirely.
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Emily Nguyen-Smith
•Agreed. The filing fee is minimal compared to the risk of an unperfected security interest.
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Grace Patel
I work with construction companies all the time and name changes are super common. Johnson Construction probably started as a sole proprietorship, then incorporated as Johnson Construction LLC, then maybe added 'Services' later. Each business structure change requires updating all the UCC filings or you end up with this exact mess.
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ApolloJackson
•Why don't businesses think about this when they change names? Seems like basic due diligence.
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Grace Patel
•Most small business owners have no idea about UCC implications. They think changing the name with the state is enough.
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Isabella Russo
omg this is exactly what happened to us last month! Same company three different names in the system and we almost lost our collateral position. Had to hire a lawyer to sort it all out cost us $5k
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Jibriel Kohn
•How did the lawyer resolve it? Did you have to file multiple amendments?
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Isabella Russo
•Filed amendments to cover all variations plus did continuation filings for the ones that were about to expire. Total nightmare
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Rajiv Kumar
Check the debtor's corporate records timeline. Sometimes companies file under their 'doing business as' name instead of legal name, or they had pending name changes when the original UCC was filed. The Articles of Amendment filing dates will tell you what the legal name was at the time of each UCC filing.
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Aria Washington
•Good point about DBA vs legal name. We see this confusion constantly with sole proprietorships.
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Jibriel Kohn
•The original filing was 2021 so I need to check what their legal name was then, not now. Thanks for that reminder.
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Liam O'Reilly
•DBA filings don't change the legal entity name for UCC purposes. Only Articles of Amendment or reincorporation do that.
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Chloe Delgado
Update: Pulled the corporate records and found Johnson Construction Services LLC was the legal name in 2021 when we filed. Our UCC-1 shows 'Johnson Construction Services, LLC' with a comma. Secretary of State confirmed this is considered a match under their interpretation guidelines. The other variations are from filings by creditors who didn't verify the exact legal name.
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Edison Estevez
•Great news! The comma shouldn't affect validity in most states. But definitely keep documentation of the SOS confirmation for your files.
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Emma Bianchi
•This is exactly why automated document verification is so valuable. Would have saved you days of research and anxiety.
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Ava Harris
•So the other creditors might have invalid filings? That could actually improve your priority position.
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Jibriel Kohn
Final update: Filed a precautionary UCC-3 amendment anyway to add the variation without the comma, just to cover all bases. Also discovered two of the other liens were filed under incorrect debtor names and are likely unperfected. Our counsel confirmed our original filing is valid and maintains priority. Thanks everyone for the guidance - this could have been a disaster if not caught early.
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Jacob Lee
•Smart move on the precautionary amendment. Belt and suspenders approach with UCC filings is always wise.
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Emily Thompson
•Glad it worked out! This thread is going in my bookmarks for future reference. Name matching issues are so common.
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Emma Bianchi
•Perfect example of why document consistency checking should be standard practice. Certana.ai would have flagged this type of discrepancy immediately.
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