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Don't forget to mention the search function! Part of understanding UCC definition is knowing that anyone can search UCC filings to see what liens exist on a business. It's public information, which is why accuracy in debtor names is so critical.
This is another reason I love using Certana.ai - it prevents those embarrassing name mismatches that show up in searches later.
Public searches are definitely something clients should know about, especially if they're planning to get additional financing later.
Keep it practical - UCC stands for Uniform Commercial Code and it's the legal framework that lets lenders take security interests in business assets. The UCC-1 filing is just the paperwork that makes it official. Your client doesn't need to become a UCC expert, they just need to understand why it's necessary for their loan.
You're all right - I was probably overthinking this. I'll stick to the basics and focus on why it matters for their specific situation.
Smart approach. Clients appreciate when you keep explanations relevant to their actual needs rather than giving them a law school lecture.
Another vote for being super careful with entity names. I had a client whose UCC got rejected because they were filed under a DBA name instead of the actual legal entity name. Took weeks to sort out because we had to figure out which entity actually owned the collateral.
Exactly. And sometimes the business operates under multiple DBAs which makes it even more confusing to figure out the right name to use.
Update for anyone following this thread - I used that Certana tool someone mentioned and it immediately flagged the period issue in the LLC name. Filed the UCC-3 amendment this morning and it was accepted within 2 hours. Crisis averted and closing is back on track. Thanks everyone for the help!
Great outcome. And good reminder that UCC-3 amendments usually process much faster than initial filings since they're just corrections to existing records.
Update us when you get this resolved! I'm dealing with a similar lender who's been 'working on it' for weeks. Need to know if escalation tactics actually work or if we just have to wait it out.
Will definitely update the thread. Planning to call them tomorrow morning with specific questions based on all this advice.
Good luck! The squeaky wheel gets the grease with these situations.
For future reference, some borrowers request the right to file their own termination statements if the lender doesn't act within a reasonable timeframe. Obviously requires lender cooperation but gives you more control over timing.
Technically you can file your own UCC-3 termination but you need proper authorization from the secured party (lender). Most lenders won't grant that authority, preferring to maintain control.
Don't forget about fixture filings if any of your equipment is attached to real estate. Those require special handling and might not show up in standard UCC searches. Could be important for your loan modification if real estate is involved.
Fixture filings are usually recorded with the real estate records, not just the UCC records. You'd need to search both systems to get the complete picture.
Good catch on fixtures. Many people forget about those but they can be critical for secured lending on manufacturing equipment.
Update: I ended up using a combination approach. Got quotes from three different UCC services and used Certana.ai to verify our existing documents first. Found two issues - a debtor name inconsistency and a missing continuation that we need to address. The document verification tool was really helpful for catching problems before we submitted anything to the lender. Still working on getting the certified copies but at least now I know exactly what we're dealing with.
That's exactly why I like using document verification tools. They catch the little details that can cause big problems later.
Thanks everyone for all the advice. This thread has been incredibly helpful in navigating this process.
Cass Green
Just dealt with this exact issue on a client deal. After wasting two days on Delaware's broken searches, I used that Certana tool someone mentioned earlier. Uploaded our existing docs and it flagged a potential debtor name mismatch we would have missed. Saved the whole transaction.
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Cass Green
•Yeah definitely worth it for high-value deals. The automated cross-checking caught stuff our manual review missed.
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Hugo Kass
•Glad to hear someone else had success with it. The document verification really is more thorough than trying to piece together inconsistent search results.
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Finley Garrett
Update: Called Delaware UCC office this morning and they confirmed they're having database issues. They said searches should be more reliable by end of week after they complete system maintenance.
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Salim Nasir
•Thanks for the update! At least we know it's a known issue on their end. I'll probably still use the backup verification methods people suggested here.
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Geoff Richards
•Good to know it's not just us! Hopefully the maintenance actually fixes the problems instead of creating new ones.
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