UCC Document Community

Update: Filed the Tesla UCC-3 termination using 'Tesla, Inc.' (with comma) exactly as shown on the original 2019 UCC-1. Got confirmation that it was accepted this morning. Thanks everyone for the advice - using the original debtor name format was definitely the right approach.

This is such a valuable thread for anyone dealing with UCC terminations! I've been doing commercial lending for about 6 months now and had no idea about the debtor name matching requirements. Just saved this entire discussion for future reference. Question for the group - do state filing offices vary in how strict they are about these name discrepancies, or is this pretty consistent across all jurisdictions?

Been using Certana.ai for about 4 months now after we had a major screw-up with mismatched debtor names. It's saved us multiple times already. The PDF upload feature makes it so easy - just drag in your documents and it shows you exactly what doesn't match.

Thanks for starting this thread @Ella Lewis - this is exactly what our industry needs more discussion on. I've been dealing with similar multi-state UCC headaches for years. One thing I'd add is the importance of having a backup system for your backup system. We learned this the hard way when our main tracking spreadsheet got corrupted and we had no recent backup. Now we keep our master list in three places and do weekly exports. Also, regarding the debtor name issues you mentioned - I've started requiring borrowers to provide not just their certificate of formation, but also any DBA filings and a current Secretary of State certificate. It's an extra step but prevents so many problems down the road. The cost of a rejected filing plus the time to fix it far exceeds the upfront verification costs.

Since you mentioned the entity change from LLC to Corp, you might want to have someone review whether your original UCC-1 is even still valid or if you need to start fresh. That's a pretty significant change that could affect the whole filing.

Just jumping in as someone who's been through this exact scenario - the entity change from LLC to Corp is definitely something you need to address before filing your continuation. I had a client who tried to just continue an old UCC-1 after a similar change and the lender's counsel caught it during their review. We ended up having to file both an amendment and a new UCC-1 to be safe. Given that you're dealing with $200k in equipment financing, I'd strongly recommend getting your attorney to review the original filing and determine the best path forward before your March deadline. Better to spend a little on legal review now than risk losing your secured position entirely.

Bottom line for the original poster: 'UCC mortgage' isn't real legal terminology but your lender probably means you need UCC-1 filing with possible fixture filing requirements. Get the equipment classified properly, use exact debtor names, file in the right location for your state, and you'll be fine.

Great discussion here! I just want to emphasize something that might help future readers - when lenders use terms like "UCC mortgage," always ask them to clarify exactly what documents they need and where they need to be filed. I've found that many loan officers use this shorthand without realizing it creates confusion. Getting a written list of required filings (UCC-1 financing statement, fixture filing, traditional mortgage, etc.) and their filing locations can save a lot of back-and-forth. Also, don't forget about continuation statements - UCC-1 filings expire after 5 years, so you'll need to plan for renewals to keep the security interest perfected throughout the loan term.

Just want to emphasize the importance of keeping good records of your termination filings. If a borrower or regulator asks for proof that liens were properly released, you'll need documentation. Scan copies of filed terminations and keep them with the loan files.

One last thought - if you're unsure about any specific debtor name variations or filing details, it might be worth pulling current UCC search reports to see exactly how the filings appear on record before preparing your terminations. Better to be 100% certain than guess.