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Update us when you get it resolved! I'm dealing with a similar Delaware termination issue and curious what solution works for you.
One more tip - make sure your UCC-3 termination form is the current Delaware version. They update their forms periodically and will reject filings on outdated forms even if all the information is correct.
Yes, Delaware Division of Corporations website has all current UCC forms. Always download fresh rather than using saved copies from previous filings.
Have you considered just paying an attorney to handle this? $150K is a lot of money to risk on a DIY filing. A lawyer who does this regularly will probably charge $300-500 but could save you from costly mistakes.
I get wanting to save money, but messing up a UCC filing can void your entire security interest. That's way more expensive than attorney fees.
One more thing - make sure you understand the continuation requirements. UCC-1 filings are only good for 5 years, so you'll need to file a UCC-3 continuation before it lapses if the loan term is longer than that.
No, the original filing doesn't need any special preparation for continuation. Just make sure you file the UCC-3 continuation within 6 months before the 5-year expiration date.
Set a calendar reminder for year 4! I've seen people miss continuation deadlines and lose their security interest. That's not a mistake you want to make on a $150K loan.
Tennessee SOS updated their system last year and it's been much stricter about name matching since then. You definitely need to use the exact name from their database. No shortcuts or approximations.
The update was in July. Much more automated now but way less forgiving of minor variations.
File it correctly with the exact name from the state database and you should be fine. Don't overthink it - just match exactly what Tennessee has on file. The loan docs having a comma doesn't matter for UCC purposes as long as the filing is accurate.
Thanks everyone. Going to resubmit with the correct name and better collateral description. Hopefully third time's the charm!
Good luck! Let us know how it goes.
Same boat here - filed a continuation in Virginia last week and it's nowhere to be found in the search results. Starting to wonder if their system update broke something with the indexing process.
Maybe we should start a group complaint or something? This is affecting too many people to be individual issues.
Update: Called the help desk and they confirmed my filing is in the system but there's a 'technical display issue' affecting search results filed between March 1-15. They're working on a fix but no ETA. At least I know the lien is perfected even if I can't search for it online.
Thank goodness someone finally got a real answer. I was starting to think I was going crazy.
CosmicCommander
Last week I had to file a UCC-3 amendment just to correct a debtor name that had been wrong on the original UCC-1 for two years. Nobody caught it until the loan was being renewed. Cost the client extra fees and delayed their funding. These name issues can have real consequences down the road.
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Sean Kelly
•How did you handle the gap period where the name was wrong? Was the lien still perfected?
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CosmicCommander
•Had to do some legal research on that. Fortunately the error was minor enough that it probably wouldn't have affected perfection, but the amendment was still the right thing to do.
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Giovanni Colombo
This thread convinced me to double-check a UCC-1 I was about to file. Good thing too - I had "ABC Corp" but the state database shows "ABC Corporation". Would have been rejected for sure. Thanks for the heads up everyone!
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Luca Russo
•Perfect example of why these discussions are helpful. Glad you caught it before filing!
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Zara Mirza
•That's exactly the kind of error that's easy to miss but guaranteed to cause a rejection. Corp vs Corporation is a common one.
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