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Montana requires exact debtor name matching so any variation will cause search failures. Try reverse searching - start with the collateral description if you know what equipment was financed.
Interesting approach. I do know the specific equipment types - mostly excavators and bulldozers.
honestly montana ucc search is broken half the time, i just call the SOS office now when i need something urgently. they can usually find stuff that doesn't show up online
Update: Ended up using that document verification tool someone mentioned and it caught two issues - LLC name had an extra period that wasn't in our security agreement, and the collateral description was slightly different between docs. Fixed both issues and filed successfully. Thanks for the advice everyone, especially about not overthinking the strawman angle.
Glad it worked out! Those small details can be killer in UCC filings.
Great outcome. Always satisfying when a thread actually helps solve the original problem.
This is a great example of why document accuracy is so critical in UCC filings. I've seen lenders get burned by assuming they know the correct debtor name without doing proper verification. The strawman concern is valid from a risk perspective, but as others mentioned, the UCC filing itself should follow your security agreement exactly. One thing I'd add - if you're dealing with equipment financing and the borrower created an LLC specifically for this transaction, make sure you understand the full ownership structure. Sometimes these arrangements involve multiple related entities and you might need to consider filing against more than one debtor to fully protect your interests.
That's a really important point about multiple related entities. I'm just getting into equipment financing and hadn't considered that scenario. When you say filing against more than one debtor, do you mean separate UCC-1 forms for each entity, or can you list multiple debtors on a single filing? Also, how do you typically identify when there are hidden related entities in these arrangements?
Final thought - double check that your UCC-3 termination forms are using the most current version. States sometimes update forms and old versions can cause processing issues.
Hope you get it sorted out. UCC terminations should be straightforward but there are definitely gotchas that can trip you up.
This is a really comprehensive thread with lots of good troubleshooting ideas. As someone new to UCC filings, I'm wondering - is there a standard checklist or best practices document for ensuring terminations process correctly? It sounds like there are multiple potential failure points (name matching, filing numbers, form versions, secured party changes, etc.) and it would be helpful to have a systematic approach to avoid these issues from the start.
Update please! Did you get the termination filed? I'm dealing with something similar and would love to know how it worked out.
Still working on it unfortunately. The original lender is being slow to respond but I'm following the advice here about formal demand letters and regulatory complaints. Will update when I have news.
This is a frustrating but unfortunately common issue in commercial lending. I've been dealing with UCC filings for over 15 years and I'd estimate about 20% of refinancing deals have some kind of termination problem with the previous lender. Here's my recommended approach: First, gather every piece of documentation you have - payoff letter, wire transfer records, loan satisfaction documents, anything that proves the debt was extinguished. Then send a certified letter to the original lender's UCC department (not just customer service) with copies of everything and a demand for immediate termination filing. Give them exactly 15 business days and make it clear you'll escalate to state banking regulators if they don't comply. Most importantly, don't let this kill your current deal - consider getting a subordination agreement or indemnification from your borrower while you sort this out. The key is creating a paper trail that shows you acted diligently to protect your lien position.
Ravi Sharma
Just wanted to add another data point - I've been dealing with Texas UCC filings for about 6 years and can confirm the portal issues are getting more frequent. What really helped me was keeping a backup strategy ready. I always have the paper forms filled out and ready to mail if the electronic system fails close to a deadline. Yes, paper filing takes 2-3 weeks to process, but at least you have that filing date if you're up against a deadline. Also, if you're doing high-value deals like that $2.8M equipment loan, consider filing your continuations 2-3 months early instead of waiting until the last minute. The 6-month window gives you plenty of buffer time to deal with portal outages.
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Ashley Simian
•This is excellent advice, especially about filing continuations early. I'm new to UCC filings and didn't realize you could file so far in advance of the expiration. The backup paper filing strategy is smart too - better safe than sorry when you're dealing with millions in collateral. Thanks for sharing your experience!
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Chloe Martin
I've been dealing with similar issues with the Texas SOS portal over the past few months. One thing that's helped me is using multiple browsers - sometimes Chrome times out but Firefox works, or vice versa. Also, I've noticed that if you get a timeout error, don't immediately refresh or try again. Wait about 10-15 minutes because sometimes the filing actually did go through despite the error message, and you don't want to accidentally submit duplicates. I always check my filing history before attempting to resubmit. For critical deadlines like yours, I'd also recommend having your local Secretary of State office contact info handy - some offices will accept faxed emergency filings if you can demonstrate it's due to system issues, though this varies by location.
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