UCC Document Community

Last resort would be to have your lender provide you with the filing number directly. They should have that information in their loan file and then you can search by the specific UCC number instead of names.

Another thing to check - make sure you're searching in the correct UCC database. Some states have separate databases for different types of filings or different time periods. Also, if your business has multiple locations or subsidiaries, the lender might have filed under a parent company name or with a different address than you expect. I'd recommend creating a list of every possible name variation (legal name, DBA, abbreviated versions, with/without punctuation) and systematically searching each one in both your state and any states where you have equipment or operations.

Bottom line: UCC 1-308 might preserve some rights in very specific circumstances, but it's not a magic shield against secured creditor remedies. If you're concerned about your rights in a secured transaction, focus on the security agreement terms, the accuracy of UCC filings, and compliance with notification requirements. Those are the areas where you can actually protect yourself.

As someone who's worked in commercial finance for over a decade, I can tell you that UCC 1-308 reservations are largely ineffective in secured transactions for a fundamental reason: they don't address the core mechanics of how security interests work. When a creditor files a UCC-1, they're creating a public notice of their claim against specific collateral. Your reservation of rights doesn't change the priority rules, doesn't affect perfection, and doesn't alter the creditor's remedies under Article 9. The real protection comes from understanding your security agreement's default provisions, cure periods, and notice requirements. I've seen borrowers spend countless hours on UCC 1-308 research when they should have been negotiating better loan terms or ensuring their UCC filings were accurate. Focus your energy on the substance of your agreements rather than procedural reservation clauses that courts routinely find inapplicable to voluntary commercial transactions.

Update: Finally got this resolved! Turns out the LLC had filed a trade name registration that was showing up in searches but wasn't their actual legal name. The UCC definition of person covered them fine as an LLC, but we needed to use their registered legal name from the articles, not the trade name. Thanks everyone for the help - got the filing accepted and the lender is happy.

Great thread! I'm new to UCC filings and this has been really educational. One question - when you're dealing with entities that might have multiple names (like trade names, DBAs, etc.), is there a systematic way to identify which name to use? Or is it always just a matter of checking the state's official records? Seems like there could be a lot of potential pitfalls for someone just starting out with secured transactions.

Update us when you get this resolved! Always good to hear how these situations turn out for future reference.

One thing that might help speed up your process - get your lender to provide you with a draft of the UCC-3 termination before they file it. That way you can verify it matches your original fixture filing exactly and confirm they're planning to file in both the central UCC office and the local real estate records. I learned this the hard way when a lender filed a termination with a slightly different debtor name that didn't exactly match our original filing. Caught it early because I insisted on seeing the draft first, but it would have been a mess if it had gone through incorrectly.

Bottom line - you need both documents for different reasons. Security agreement creates the lien, UCC-1 perfects it. Without both, you're not fully protected. The debtor name consistency is critical, and timing matters. Get both done right the first time.

One more thing to keep in mind - the UCC-1 financing statement has a 5-year term, so you'll need to file a continuation statement before it expires if your loan term is longer. The security agreement doesn't expire, but your perfected status will lapse if you don't continue the UCC filing. Mark your calendar for the continuation deadline - it's easy to forget but critical for maintaining your priority position.