


Ask the community...
When all else fails, you might need to file a UCC-3 amendment to correct the debtor name first, then file your continuation. It's an extra step and extra fees but sometimes that's the only way to get around these matching issues.
That's actually not a bad backup plan if I can't get the continuation to go through with the current name. At least it would buy me some time to sort out the exact formatting issue.
Quick update - finally got through to someone at California SOS and they told me the issue was that the original UCC-1 had the debtor name in ALL CAPS but I was filing the continuation in mixed case. Apparently their matching algorithm is case-sensitive! Re-filed with everything in caps and it went through immediately. Thanks everyone for the suggestions, especially about checking the actual filed document image rather than relying on my copies.
Just to close the loop on this - I ended up filing with a straightforward equipment description and kept all the covenant language in the security agreement. No issues with the filing and everything was accepted. Thanks for the help everyone. The key insight was realizing that UCC covenant definition isn't something that belongs in the filing itself - covenants are contractual terms that stay in your loan documents.
For anyone else reading this thread later - the main takeaway is that covenant language belongs in your security agreement, not your UCC filing. The UCC-1 should have a clear collateral description that identifies what's secured, but it doesn't need to include the contractual restrictions (covenants) that apply to that collateral. Keep it simple and keep it focused on perfecting your security interest.
I ran into a similar UCC 9-316 issue last year and ended up using one of those document verification services to make sure my refiling was done correctly. There are tools that can cross-check your original filing against the new state requirements to catch potential issues before they become problems. Worth looking into if you want to be extra careful with the Tennessee filing.
Which service did you use? I want to make sure this Tennessee filing is bulletproof since I already messed up the timing.
I used Certana.ai - you just upload your documents and it flags any inconsistencies or potential issues. Really helped catch things I would have missed.
UCC 9-316 is one of those provisions that seems simple until you actually have to deal with it. Four months sounds like plenty of time until you realize you weren't even tracking the debtor's entity status. File in Tennessee this week and put systems in place to prevent this from happening again on future deals.
One thing to watch out for - make sure your new lender is searching correctly. We had a situation where the new bank was doing a sloppy UCC search and missing terminated liens. They kept saying there were active filings when there weren't. Sometimes the problem is on their end, not yours.
Update us when you get this resolved! These california ucc financing lien situations are always learning experiences for the rest of us dealing with equipment financing.
Emma Johnson
Just went through this exact scenario with Alabama UCC forms two weeks ago. Used the Certana document checker someone mentioned and it immediately flagged that my debtor name had an extra comma that wasn't in the Articles of Incorporation. Would have definitely been rejected without catching that. Simple upload process and instant feedback on document consistency.
0 coins
Leeann Blackstein
•That's why document verification tools are so valuable. Human eyes miss those tiny details that can kill a filing.
0 coins
Liam Brown
•Makes sense to use technology to catch what we might miss manually. These filing fees add up when you have to keep amending.
0 coins
Olivia Garcia
Update us on how your Alabama UCC forms filing goes! Always interested to hear about real experiences with name matching issues since every state seems to handle it differently.
0 coins
Liv Park
•Will definitely update once I file! Feeling much more confident after all this advice. Going to double-check the name one more time and probably try that document verification tool too.
0 coins
Olivia Garcia
•Smart approach. Better to be overly cautious with UCC filings than sorry later.
0 coins