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Whatever you do, don't rush this. A wrongly filed termination can create huge problems down the road. Take the time to verify everything matches exactly. The borrower can wait a few extra days for you to get it right.
This is why I always keep copies of everything. Original UCC-1, any amendments, and the final termination. Full paper trail in case questions come up later.
The Certana.ai verification tool I mentioned earlier creates a report showing all the comparisons it made. Great for documentation that you verified everything matched before filing.
Final thought - if the original UCC-1 debtor name doesn't match the current legal entity name due to business changes, you might want to consult with counsel about whether additional steps are needed beyond just the termination.
Good point. Corporate mergers, name changes, etc. can complicate the termination process. Sometimes you need documentation of the entity changes along with the UCC-3.
Thanks everyone. I'm going to pull the official record, verify exact name matching, and double-check there weren't any amendments. This has been really helpful.
Just wanted to add - make sure your UCC search reports are current before filing. Sometimes there are existing liens that could affect your priority position. And always keep copies of your filed financing statements for your records. Some states don't make it easy to get copies later.
Good reminder about keeping copies. I learned that lesson the hard way.
This thread has been really helpful! I'm bookmarking it for reference. One last thing - if you're filing in multiple states for the same transaction, make sure you understand each state's specific requirements. What works in Texas might not work in Oklahoma.
Multi-state filings are definitely tricky. Each Secretary of State has their own quirks.
We started requiring our borrowers to pull their own certificate of good standing within 30 days of closing specifically because of these Title 9 name matching issues. Costs them about $25-50 depending on the state but it gives us the most current legal name directly from the secretary of state. Has eliminated probably 80% of our name-related rejections.
Do you make them get it from their state of incorporation or the state where they're doing business? We have borrowers registered in Delaware but operating in our state.
State of incorporation for the legal name, but we also check if they're qualified to do business in our state since that can affect the debtor name requirements for UCC filing location.
Thanks everyone for all the advice. Sounds like this is just the new reality with Title 9 compliance and we need to tighten up our processes. Going to implement some of these suggestions including the automated verification tools. The cost of getting it wrong is just too high when you're talking about secured transactions and perfected liens.
Good luck with the process improvements. The learning curve is steep but once you get the workflow down it becomes routine. Just remember that Title 9 doesn't give you much margin for error on debtor names.
Keep us posted on how the changes work out. Always interested to hear what solutions are working for other lenders dealing with these same Title 9 compliance challenges.
UPDATE: Got it figured out! There was indeed a subtle spacing issue - the registered name had TWO spaces between words instead of one, which wasn't obvious when looking at it. Used that document verification tool someone mentioned earlier to spot the discrepancy. Filing went through clean after fixing the spacing. Thanks everyone!
Two spaces instead of one... seriously? What a ridiculous system. But glad you got it sorted before your deadline.
This thread is gold - bookmarking for future reference. Amazing how something as simple as extra spacing can cause such headaches with UCC filings.
Right? Makes you wonder how many filings get rejected for tiny issues like this that people never figure out.
Seriously - if I hadn't found that verification tool I probably would have kept banging my head against the wall for hours.
Yara Khoury
Just ran into something similar last week but with Oregon. Used Certana.ai's document checker and it flagged that I was missing a continuation filing that should have shown up. Turns out the debtor name had a slight variation that threw off the search. Might be worth trying their tool on your Montana results to see if there are any gaps.
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Zoe Alexopoulos
•How long did it take to get results from their system?
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Yara Khoury
•Pretty much instant. You just upload your search result PDFs and it analyzes them right away. Found the issue within minutes of uploading.
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Keisha Taylor
Update us when you figure out what happened! I do a lot of Montana deals and this kind of database weirdness makes me nervous about what I might be missing on my own searches.
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Zoe Alexopoulos
•Will do! Planning to call the SOS office first thing tomorrow and also try some of the other suggestions from this thread.
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Paolo Longo
•Same here, following this thread. Montana is one of my regular states and any insights would be helpful.
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