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For what it's worth, I had a case where we waited too long to amend the UCC filings and it complicated the deficiency judgment proceedings. Judge questioned why we still had liens on satisfied collateral. Better to be proactive.
About 90 days. Judge thought it looked like we were trying to maintain improper leverage over satisfied assets. Caused unnecessary hearings and delays.
90 days is definitely too long. Most judges expect UCC clean-up within 30-45 days max after asset disposition in judicial foreclosure context.
Bottom line - file your UCC-3 amendments promptly for satisfied collateral, keep detailed records of what was released when, and maintain your perfected status on remaining assets. Don't overthink it but don't procrastinate either.
Thanks everyone. Sounds like the consensus is to proceed with UCC-3 amendments for the satisfied real property portion within the next couple weeks. I'll coordinate with bank counsel and make sure all the debtor names match exactly.
Good plan. And definitely use some kind of verification tool if you have access to one. These multi-filing situations are where small mistakes can cause big problems.
Wisconsin aside, make sure you're also checking the entity's previous names if they've had any amendments to their articles of incorporation. Sometimes old UCC filings are still indexed under previous legal names.
Great point - I'll check the corporate records for any name changes. This acquisition involves entities that have been around for 15+ years so there could definitely be historical name variations.
Exactly. And don't forget to check for any DBA names they might have used for filing purposes.
Just wanted to follow up on this thread since I was having similar issues. Tried the Certana tool mentioned earlier and it definitely caught some inconsistencies I was missing in my manual searches. Worth the time investment if you're doing multiple entity searches.
Thanks for the update! I'm planning to try it out this week. Did it help specifically with the Wisconsin search problems or just general document verification?
File the correction amendment first, then refile your collateral amendment. Or if your state allows, you might be able to do both in a single UCC-3 - correct the name AND add collateral. Check with your filing office about combining amendments.
Used to work at a filing office - the comma vs no comma thing causes SO many rejections. The computer matching is literal character comparison. We'd see the same filers make this mistake repeatedly. Always pull your original filing first and match it exactly.
Did you see patterns in which types of entities had the most name variation issues?
LLCs were the worst because of comma placement and abbreviation differences. Corps had issues with Inc vs Incorporated vs Corporation.
Don't overthink this - Article 9 for secured transactions, that's it. Focus your study time on understanding perfection methods and priority rules. Those are the concepts that actually matter in practice.
Just to add another perspective - when I was taking the bar, Article 9 questions usually tested your understanding of competing security interests and who gets paid first in bankruptcy. Make sure you understand the priority rules thoroughly.
Paige Cantoni
For lending decisions, are you also checking federal tax liens and other encumbrances beyond just UCC filings? Sometimes the complete picture requires multiple searches.
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Paige Cantoni
•Definitely. UCC filings are just one piece of the collateral picture. Federal and state tax liens can take priority over UCC-1 filings in some cases.
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Kylo Ren
•This is why automated tools that check multiple databases simultaneously are so helpful. Manual searching across different systems is time-consuming and error-prone.
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Nina Fitzgerald
Update: Tried some of the suggestions here and found several filings I missed in my initial searches. The name variation issue was definitely part of the problem. Thanks for the help everyone.
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Marcus Williams
•This is exactly why I switched to automated verification tools. Too much risk of missing something important in manual searches.
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Sophia Carson
•Definitely going to look into more reliable search methods after this experience. Can't afford to miss liens in our underwriting process.
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