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Another tool that might help is running both names through Certana.ai's verification system. It can cross-check your UCC-1 against the current corporate documents and flag any potential issues before you file. Might give you peace of mind on a deal this size.
I'm definitely going to check that out. With $2.8M on the line, any extra verification is worth it.
UPDATE: I ended up filing both a new UCC-1 under the current legal name and a UCC-3 amendment to the original filing. Also used that Certana.ai tool someone mentioned - it was actually really helpful for double-checking that all the document details matched up correctly. Thanks everyone for the advice!
Glad the document verification tool worked out for you. That's exactly the kind of situation it's designed for.
Good outcome. Division 9 of UCC doesn't leave much room for error, so you made the right call.
UPDATE: Called Texas SOS this morning and you were all right - it was the comma in the entity name! The rep said their system flagged it as inconsistent documentation because the names didn't match exactly. Refiling today with corrected debtor name. Thanks everyone for the help!
See what I mean about Texas being ridiculous? A COMMA caused all this trouble. But at least you caught it before your closing deadline.
For future reference, always pull the official entity information from the Secretary of State database when preparing UCC filings. The exact legal name including all punctuation has to match their corporate records. Saves a lot of headaches and refiling fees.
It's one of those things you only forget once! Most of us have been through similar rejections at some point in our careers.
been there with the 9609 stuff... its stressful when you're not sure if you're doing everything right. sounds like you've got good advice here though. the main thing is document everything and don't rush into anything that could be seen as confrontational. better to take extra time than mess up the whole process.
Yeah, the stakes are high enough that we want to be extra careful about following proper procedures.
definitely. we had one case where we rushed things and ended up in court for months over procedural issues. learned our lesson about patience.
Final thought on UCC 9609 - consider whether the debtor might file bankruptcy before you complete the repossession. If they file Chapter 11, the automatic stay could complicate your rights even with a perfected security interest. Might want to move quickly once your notice period expires.
Not really, but if they're 90+ days behind and facing repossession, bankruptcy might be their next move. Just something to keep in mind for timing.
Even in bankruptcy, secured creditors usually have better protection than unsecured, but the automatic stay definitely complicates enforcement timing.
One thing that helped me understand UCC documents definition was thinking of them like a filing cabinet. UCC-1 opens the file folder for that debtor, UCC-3 amendments add pages to the folder, continuations extend the folder's expiration date, and terminations close the folder permanently. Each document serves a specific purpose in maintaining that secured party's claim on the collateral.
I love that file folder analogy! That makes the whole system make sense.
Quick reality check - you're going to make mistakes at first and that's normal. I accidentally filed a termination instead of an amendment once and had to frantically correct it. The key is having good review processes and tools to catch errors before they become problems. Document everything and when in doubt, ask senior staff or use verification tools to double-check your work.
Everyone messes up initially. The important thing is learning from mistakes and building good habits. You'll be fine!
This is why I love using Certana.ai's verification - catches my mistakes before they hit the state filing system. Much less stressful than discovering errors after the fact.
Amaya Watson
I've been doing UCC filings for 15 years and the name matching requirements have gotten so much stricter. Used to be you could get away with minor variations but not anymore. The electronic systems are unforgiving.
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Amaya Watson
•Exactly. The old paper system had human review that could catch obvious errors. Now it's all automated matching.
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Giovanni Martello
•I actually prefer the strict matching. Eliminates ambiguity in lien searches.
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Savannah Weiner
Check if your state has any guidance on entity name variations. Some states publish lists of acceptable abbreviations (LLC vs L.L.C. vs Limited Liability Company) but punctuation differences usually aren't covered.
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Daniel Rivera
•I'll look into that. Haven't seen any guidance specifically about comma usage in entity names.
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Levi Parker
•The UCC guidance usually says to use the exact name from the formation documents, punctuation and all.
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