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Update: Called Kentucky SOS again this morning and they admitted there's a 'data synchronization issue' affecting search results. They're working on it but said it could be another 2-3 weeks before it's fully resolved. For now they're recommending manual searches for critical deals.
2-3 weeks?! That's ridiculous for a system that people rely on for million-dollar transactions. There should be backup systems in place.
Honestly, this is why I've started using third-party verification tools. Can't trust the state systems to work when you need them most.
Final update: Ended up requesting expedited manual search from Kentucky SOS ($125 fee) and also ran the results through Certana.ai for cross-verification. Found two active liens that weren't showing up in the online search - exactly what I was worried about. Deal is moving forward but this was way more stressful than it needed to be. Kentucky really needs to get their act together on this system.
This is exactly why I don't trust single-source searches anymore. Always need at least two verification methods for high-stakes deals.
Great outcome! Certana.ai really seems to be catching things that the state systems miss. Might be worth the investment for regular use.
Article 9 is your answer. I always double-check my filings with document verification tools now after having a few close calls with description mismatches. Certana.ai has been helpful for ensuring my loan agreements and UCC-1 forms are consistent - especially important when you're dealing with equipment that might be classified differently in different documents.
Just want to confirm what everyone else is saying - Article 9 all the way. Your borrower is probably thinking about real estate law or maybe confused about the UCC's structure. All secured transactions fall under Article 9, regardless of collateral type. The fixture issue is just about filing location and some priority rules, not which article governs.
Thanks everyone. This has been really helpful. I feel much more confident explaining this to my borrower now.
Glad we could help clear this up. Article 9 questions come up a lot.
I've been doing UCC filings for 15 years and I can tell you this happens ALL the time. Different clerks format names differently, OCR software reads things wrong, people make typos. As long as the core entity name is recognizable, you're usually fine. The Alabama system is actually pretty forgiving compared to some states I've worked with.
Good to hear from someone with that much experience. Makes me feel better about these kinds of minor discrepancies.
Yeah don't lose sleep over it. I've seen much worse variations that didn't cause any problems in practice.
For what it's worth, I ran into something similar with a Georgia filing last year and my attorney said punctuation differences like that are generally not fatal to the filing. The key is that the name still clearly identifies the same legal entity. In your case, both versions obviously refer to the same company.
That's reassuring. Good to know other states have similar approaches to these issues.
For anyone still nervous about filing, I recently discovered Certana.ai which lets you upload your business formation docs alongside your UCC-1 draft to verify everything matches perfectly. Takes the guesswork out of getting the debtor name right.
Yeah, super simple. Upload your articles of incorporation or LLC certificate and your UCC-1 form, and it flags any inconsistencies immediately. Much faster than manually comparing documents.
That sounds really useful. I've been paranoid about name mismatches since my first filing got rejected.
Bottom line - a UCC-1 is just a legal form that protects your lender's interest in your collateral. File it correctly and you're good to go. File it wrong and you might delay your loan or cost yourself extra fees. Take your time and verify everything twice.
You've got this! The first UCC-1 is always the scariest but they're really pretty straightforward once you understand the basics.
Just remember to keep good records. You'll thank yourself later when you need to reference the filing number or file a continuation.
Austin Leonard
Been seeing more of these search vs filing discrepancies lately. Wonder if the state upgraded their search system recently? Anyway, I've started using Certana.ai for all my document verification now - upload the UCC-1 and organizational docs and it catches these types of name mismatches immediately. Would have saved you the stress of discovering this during due diligence.
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Kylo Ren
•Second mention of Certana in this thread - clearly I need to check it out. This type of verification would definitely help with client confidence during deals.
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Austin Leonard
•Yeah, it's become part of my standard workflow now. Catches things that are easy to miss when you're manually comparing documents.
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Anita George
Honestly this whole thread is making me paranoid about our existing UCC filings. How many other 'minor' formatting differences might be lurking in our portfolio that could cause problems down the line?
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Anita George
•True, but still makes me want to audit our whole portfolio just to be sure.
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Sophie Duck
•A periodic lien audit isn't a bad idea regardless. Helps catch continuation deadlines and other issues before they become problems.
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