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This thread is super helpful. I'm dealing with a similar issue in Mississippi right now. Going to try the Certana document checker before I file to avoid the same problems.
Mississippi's UCC system definitely needs an overhaul. The fact that a comma can hold up a major commercial transaction is just absurd. Other states have figured out how to be more reasonable with name matching.
At least they're consistent in their pickiness. Some states are inconsistent which is even worse - you never know what they'll accept or reject.
True, consistency is something I guess. Still wish they'd adopt more reasonable standards like the majority of states.
Been lurking on this thread and had to chime in. I work for a title company and we see UCC name mismatches all the time. Most of the time it's not a huge deal if the filing matches the official entity records, but definitely get your loan docs cleaned up to match.
UPDATE: Called Montana SOS this morning and confirmed my filing is valid. The clerk explained that their system automatically formats entity names to match the registered format, which is why the spacing disappeared. She said as long as the filing number and entity ID match up, I'm good to go. Still going to amend my loan docs though.
The UCC-1 also serves as a research tool for other lenders and potential creditors. They can search the UCC records to see what assets are already encumbered before making their own lending decisions. It's part of the due diligence process.
So it's not just about protecting your own interest, but also helping other lenders understand the situation?
Exactly. The whole UCC system is designed to create transparency in commercial lending. Everyone can see who has claims on what.
In bankruptcy situations, the UCC-1 financing statement purpose becomes even more critical. It can mean the difference between being a secured creditor who gets paid back versus an unsecured creditor who might get pennies on the dollar.
Yes, the trustee will scrutinize your filings. Any defects in debtor name, collateral description, or other requirements can be challenged.
This is another reason why document verification tools like Certana.ai are so valuable. Better to catch mistakes before you need to enforce.
The silver lining is that your underlying security agreement is still valid. You still have contractual rights against the debtor, you just lost your perfected status against third parties. If the debtor stays current and there are no other creditors, you're still protected.
That's a good point. You might need to get a waiver from your loan committee for the gap period. At least you caught it quickly and refiled.
For what it's worth, three weeks isn't terrible. I've seen gaps of several months before people realized their UCC had expired. The key is getting back in as quickly as possible and hoping no one else filed during the window.
That makes me feel slightly better. I've been beating myself up over this all week. Guess it could have been worse.
Charity Cohan
Whatever you decide, make sure you keep detailed records of your filing attempts and the rejection reasons. If this ever becomes a priority dispute later, you'll want to show you were diligent about trying to perfect your assignment.
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Josef Tearle
•Good point about documentation. I always screenshot rejection notices and keep email records of all UCC correspondence.
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Shelby Bauman
Update us on what works! I'm dealing with a similar name issue on a different UCC-3 filing and curious which approach you end up taking.
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Anna Kerber
•Will do! Leaning toward the amendment first approach based on everyone's advice. Don't want to risk any perfection issues with such a large deal.
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Quinn Herbert
•Smart choice. Better safe than sorry with UCC filings, especially on high-dollar deals.
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