


Ask the community...
Final thought - since you mentioned this is substantial manufacturing equipment, you might want to consider whether any of it qualifies as fixtures. If so, you may need fixture filings in addition to your regular UCC continuation, and those have different rules about debtor names and real estate records.
Thanks everyone for all the advice! Sounds like the consensus is to file the continuation with exact name matching, then follow up with an amendment for the new name. Going to pull all my documents together and double-check everything before filing. Really appreciate the help - this community always comes through!
You've got this! The two-step approach is definitely the safest way to handle entity changes.
UPDATE: Thanks everyone for the advice! Used the document checker tool someone mentioned and found the issue - my security agreement included 'accessories and parts' in the vehicle description but the UCC-1 didn't. Added that language and the filing was accepted within hours. Amazing how such a small inconsistency can cause such big problems.
This thread is super helpful. Bookmarking for future reference. Dealing with UCC filings can be such a minefield but at least there are tools now to help catch these problems before they cause delays.
Agreed. The practical experience shared here is invaluable.
Just wanted to add that NC requires separate searches for fixture filings if you're dealing with real estate collateral. The regular UCC search won't pick up fixture filings which have their own database section. Don't know if that applies to your equipment deal but worth mentioning.
This is equipment financing so probably not fixtures, but good reminder. The equipment could potentially be attached to real property depending on installation.
Right, if it's heavy equipment that gets permanently installed you'd want to check fixture filings too. Better safe than sorry on a deal that size.
Update us on what ends up working! I do UCC research in NC regularly and always looking for better strategies when the system is being difficult.
Will do. Trying the early morning approach tomorrow and might test out that document verification tool if I can get the initial searches completed.
The document verification really is a game changer for due diligence work. Just upload your PDFs and it handles all the cross-checking automatically.
One more thing to watch out for with fillable forms - make sure you're not accidentally changing any of the pre-filled information like the form number or revision date. I've seen filings rejected because someone accidentally edited those fields.
How do you lock fields in a PDF? I'm always worried about accidentally messing something up.
In Adobe Acrobat, you can set field properties to read-only. Or just be extra careful and only click in the fields you actually need to fill out.
Update: Found the fillable form on our state's SOS website and got it completed without any crashes. Thanks everyone for the suggestions! The PDF route definitely seems more reliable than the online portal. For anyone else having similar issues, I also used that Certana tool someone mentioned to double-check my debtor name formatting - caught a punctuation issue that could have caused problems.
Glad you got it sorted out! It's always satisfying when you find a workaround for frustrating technical problems.
Christopher Morgan
One more thing to consider - if any of the equipment has been modified or upgraded during the lease term, make sure those modifications are properly documented in your return process. Sometimes lessees will try to claim that upgrades they made are not part of the original collateral. Having clear documentation prevents disputes about what should be returned.
0 coins
Madison King
•That's a good point. We do have some equipment that was upgraded during the lease term. I'll make sure to document those modifications during the return process.
0 coins
Christopher Morgan
•Definitely do that. We had a case where a lessee claimed that software upgrades they had installed were not part of the original equipment. Having detailed documentation of the original configuration versus the returned configuration saved us from a potential dispute.
0 coins
Aurora St.Pierre
Thanks everyone for the advice. I think the consensus is clear - wait until the full return process is complete before filing the UCC-3 termination. I'll document everything during the 6-week return period and only file once I'm confident all collateral is properly returned and accounted for. The lessee will just have to wait.
0 coins
Lauren Johnson
•Smart decision. And definitely consider using Certana.ai to verify your termination documents before filing - it'll catch any discrepancies that could cause rejections or delays.
0 coins
Julian Paolo
•Good choice. Better to be cautious now than to deal with problems later when you have no recourse.
0 coins