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For what it's worth, I've had good luck with adding 'now owned or hereafter acquired' to the end of my collateral descriptions. Covers future assets without being too vague about current ones.
Good addition. Just make sure your security agreement supports after-acquired property clauses.
Just wanted to add that timing matters here too. If you're in the middle of a refinance, make sure your UCC lawyer understands the deadlines you're working with. Some of these amendment processes can take longer than expected if there are complications with the original lender.
Good reminder. I should probably get started on this ASAP rather than hoping it resolves itself quickly.
Exactly. Better to start the process early and have it resolved than try to rush everything at the last minute.
One more thought - before you spend money on legal fees, you might want to check with your new lender about what exactly would satisfy their concerns. Sometimes they just want documentation that the discrepancy was reviewed by counsel, rather than requiring actual UCC amendments.
Worth asking the question. Some lenders are satisfied with a legal opinion letter rather than requiring actual filing changes.
True, but if there's genuinely a perfection issue, you'd want to fix it regardless of what this particular lender requires. Better safe than sorry with secured interests.
I'm dealing with equipment financing too and have never heard of UCC 11. My guess is your lender made an error. Just make sure whatever you end up filing actually perfects your security interest properly!
Final thought - if your lender continues to insist on this mysterious "UCC 11" form, ask them to provide you with the specific statute or regulation that requires it. Any legitimate UCC filing requirement will have a clear legal basis they should be able to cite.
System is back up now! Just successfully filed two continuations that were stuck in limbo this morning. Looks like they've resolved whatever was causing the timeout errors.
Perfect timing! Just submitted my emergency email filings but good to know the system is working again for anyone else having issues.
This whole thread is a great reminder to always have backup plans for critical deadlines. I'm definitely going to research that Certana verification tool someone mentioned earlier - sounds like it could prevent a lot of last-minute stress.
Is there a cost for the verification service? Not looking for exact pricing but wondering if it's reasonable for occasional use.
Very reasonable for the time and stress it saves. Much cheaper than dealing with lapsed liens or rejected filings due to name mismatches.
Mei Chen
Update us when you get it sorted out! I'm curious to know what the exact issue was with the name formatting.
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Zara Mirza
•Will do! Hoping to get this resolved by end of week.
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Mei Chen
•Fingers crossed. Name issues are so frustrating but usually easy to fix once you know exactly what's wrong.
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Liam Sullivan
Just remember you need to refile the UCC-1 entirely, not just submit a correction. Some people think they can just send in the corrected name but you need a whole new filing.
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Liam Sullivan
•Yeah, UCC-3 amendments are for changes after acceptance. Rejections require completely new UCC-1 filings.
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Luca Russo
•Exactly right. Don't confuse a rejection with an accepted filing that needs amendment later.
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