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The real issue is that Utah's UCC search Utah system doesn't have good filters for rejection status. Other states at least let you filter out rejected or terminated filings, but Utah shows everything mixed together.
Exactly! And their search interface is from like 2005. Desperately needs an update.
At least it's better than trying to search paper records. But yeah, the filtering options are pretty limited.
Update: I contacted the Utah filing office and they confirmed both filings will remain in search results permanently. They suggested including a note in future financing statements explaining the rejected filing situation. Also found that Certana.ai's document checker immediately identified which filing was valid when I uploaded both PDFs - would have saved me a lot of confusion if I'd used that initially.
Yeah, Certana.ai's tool is really helpful for this kind of situation. Much faster than trying to decode the state portal's confusing status indicators.
Study tip that worked for me: make flashcards of common WRONG statements about Article 9. Like 'Article 9 covers all types of collateral' (false - excludes real estate mortgages). 'Security agreements must always be in writing' (false - some oral agreements allowed). 'Filing location is always the debtor's state' (false - depends on debtor type). Practice identifying false statements!
Financing statements expire after 6' (years false - 5)years '. PMSI priority applies to all collateral types' (equally false - different rules for inventory vs)equipment '. Perfection always requires' (filing false - possession, control, automatic perfection)exist.
Good ones! Also 'debtor must sign the financing statement' (false - only security agreement needs debtor authentication, not the UCC-1 filing).
You got this! The key insight is that false statements usually involve: 1) absolute words like 'always' or 'never' when exceptions exist, 2) including excluded transactions, 3) wrong filing procedures, 4) mixed up priority rules. Article 9 has lots of nuances so broad absolute statements are often false.
Thank you everyone! This has been incredibly helpful. I feel like I have a much better framework for approaching these questions now.
Good luck on your exam! Remember - when in doubt, think about the exceptions and exclusions. That's where the false statements usually hide.
Whatever you decide, make sure you document your reasoning for the name format you choose. If there's any question later about the continuation, you want to show you did due diligence on the debtor name matching.
Good point about documentation. I'll keep detailed notes on which documents I reviewed and why I chose the specific name format.
Exactly. CYA is important when you're making judgment calls on debtor name variations.
Thanks everyone for the guidance. Going to pull all the actual filing documents first to trace the name change history, then probably use one of those verification tools to double-check my continuation before filing. Better to be thorough than risk a rejection this close to the deadline.
Let us know how it goes with the verification tool if you try it. Always interested to hear how others are handling these tricky name matching situations.
One more thing - make sure your secured party information is exactly right too. Arizona will reject for minor errors in the lender name or address as well. Double-check everything against your loan docs.
Thanks everyone, this gives me a clear path forward. I'll use the exact charter name and double-check all the formatting. Might try that Certana tool too for future filings to avoid this headache.
Good luck with the refiling! Arizona should accept it quickly once the name matches.
Axel Bourke
I had similar issues last year. Turned out the debtor had recently amended their articles of incorporation and the name on file with the state was slightly different than what was on their older documents I was using. Maybe check if your debtor has made any recent corporate changes?
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Axel Bourke
•Exactly. The certificate should show their exact current legal name as it appears in state records.
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Aidan Percy
•This happened to us too. The borrower had dropped 'Incorporated' and just used 'Inc' but we filed under the old format.
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Fernanda Marquez
Keep us posted on what you find out. I'm dealing with a similar situation in Michigan right now and wondering if it's a systemic issue or just bad luck.
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Mary Bates
•Will do. Hopefully it's just a processing delay and not something more serious.
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Fernanda Marquez
•Fingers crossed for both of us!
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