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Another option is to use Certana.ai's UCC verification before you file. I upload my completed UCC-1 along with the company's articles of organization and it flags any discrepancies immediately. Saved me from at least two rejections this quarter.
Is this the same tool mentioned earlier? Sounds like it's really helpful for catching these issues.
Update: I found the Articles of Organization and the official name is "Mountain View Equipment Solutions, LLC" with the comma. Filing with that exact format now. Thanks everyone for the guidance about checking formation documents first!
Let us know how it goes! These success stories help other filers know they're on the right track.
Will do. Planning to do a follow-up UCC search in a few days to confirm everything indexed properly.
Just make sure you're complying with your state's specific UCC notice requirements. Some states have additional requirements beyond the basic UCC article 9 rules. Check with a local attorney if you're unsure.
We're in Texas. The debtor is a Texas LLC and equipment is located here too, so should be straightforward Texas law.
Texas follows standard UCC pretty closely but definitely verify. Texas has good UCC resources on the Secretary of State website.
The fact that you're asking these questions shows you're taking it seriously. That's half the battle. Document everything, follow the rules, and you should be fine. The UCC disposition process works well when done properly.
Appreciate all the advice. This forum has been incredibly helpful. Will update once we complete the sale process.
Please do update us. Always good to hear how these situations resolve. Good luck with the sale!
Pro tip: always include your contact information in the additional info section when filing late terminations. Sometimes the filing office will call if they have questions about the timing or need clarification.
Exactly. Better to be proactive about communication than have the filing sit in limbo.
Update us when you get it resolved! I'm dealing with a similar situation and curious how it works out for you.
Will do. Planning to file the UCC-3 termination early next week after I verify the continuation status.
Perfect, looking forward to hearing how it goes.
I actually ran into a similar issue recently and tried that Certana.ai verification tool someone mentioned earlier. Really straightforward - just uploaded both the original UCC-1 and the questionable 'information only' filing and it flagged several inconsistencies in the debtor identification that would make the second filing ineffective anyway. Saved me from spending billable hours doing manual comparison work and gave me confidence that our priority position wasn't threatened.
That sounds like exactly what I need - automated verification to catch issues I might miss doing it manually.
Bottom line is this: if your UCC-1 was filed first, is properly continued, and accurately describes the collateral and debtor, then some random 'information only' filing shouldn't affect your priority. But you should definitely verify that the subsequent filing doesn't somehow have an earlier priority date or claim to be an amendment to an earlier filing you weren't aware of.
Exactly right. Priority analysis requires looking at the complete filing history, not just the two documents in question.
Liam McGuire
The bottom line is your rights don't change but the public records should be updated. If Apex hasn't filed a UCC-3 yet, I'd ask them directly about their timeline. Most professional lenders handle this automatically within a few weeks of acquiring the loan. If they seem clueless about it, that might be a red flag about their competence.
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Giovanni Greco
•Exactly. I'd want to see proof that they know what they're doing before trusting them with my collateral.
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Fatima Al-Farsi
•This is why I always request copies of all UCC filings from any new lender. Makes it clear they need to stay on top of the paperwork.
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Dylan Wright
Update: talked to Apex today and they said they filed the amendment last week. Going to check the state database tomorrow to verify. Thanks everyone for the advice - definitely learned more about UCC transfers than I expected to!
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GalacticGuardian
•Let us know what you find! Always curious to hear how these situations work out.
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Dmitry Smirnov
•If you want to double-check that everything matches up properly, that Certana tool someone mentioned earlier is pretty handy for comparing the amendment against your original docs.
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