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Ruby Knight
Quick question - do we need to update our internal procedures or just be more careful with the existing ones?
I think just being more careful. The basic process is the same.
I added an extra review step where someone else checks the debtor names before filing. Caught 2 mistakes that way.
Thanks everyone for the input. Sounds like the main thing is being extra careful about exact name matches and filing numbers. I'll start working through these continuations with more lead time and double-check everything. This forum is a lifesaver!
Good luck! Let us know how it goes.
Ali Anderson
•Yeah, keep us posted if you run into any other issues with the revisions.
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Jean Claude
Before going nuclear with lawyers, try one more time with the installer's management. Sometimes the person you're dealing with doesn't understand UCC law and a supervisor can get it sorted quickly. But definitely set a firm deadline.
Roger Romero
•That's probably worth trying. The person I've been talking to seems pretty confused about the whole process.
Good advice. A lot of these solar companies have grown so fast they don't train their staff properly on filing procedures.
Josef Tearle
Update us on how this turns out! I'm in the process of buying solar panels and want to make sure I don't run into the same issue. This thread is really helpful for knowing what to watch out for.
Yeah, definitely make sure any UCC filings are properly terminated at closing if you're paying cash. Don't assume the installer will handle it automatically.
Also get everything in writing about when and how any security interests will be released. Don't take verbal promises.
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AstroAce
I'm dealing with the exact same thing right now! Filed a UCC-1 last week and just noticed the debtor name has different spacing than the charter. This is so stressful when you're trying to protect the bank's interests.
Yara Nassar
•It really is stressful! Let me know what you end up doing - we can compare notes.
Chloe Martin
•You both might want to check with your compliance team about what your bank's policy is for these situations.
Diego Rojas
Update: I ended up pulling the actual filed UCC-1 document image and it turns out the name was correct on the filing itself. The search display was just showing it differently. Thanks everyone for the advice about checking the source document first!
Amina Toure
•Glad it worked out. These kinds of display vs. actual filing discrepancies are more common than people realize.
Perfect example of why you need to do your due diligence before filing amendments. Saved yourself time and money.
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Diego Rojas
We started using a third-party service for UCC searches specifically because of these inconsistencies. They run multiple search variations automatically and provide a comprehensive report. Worth the cost for large portfolios.
Which service do you use? We're looking at outsourcing our UCC search process.
There are several good options. Some integrate directly with the state databases and can catch variations that manual searches miss.
Zara Ahmed
One more tip - if you're seeing inconsistent results, try clearing your browser cache and searching again. The Utah system sometimes caches results in weird ways that can affect subsequent searches.
StarStrider
•I've noticed this too! Sometimes logging out and back in helps reset the search parameters.
Technology solutions for legal processes can be so unpredictable. Always good to have multiple approaches.
Avery Flores
Your professor was probably referring to classical contract law where courts won't rewrite agreements for parties. But secured transactions are different - Article 9 is loaded with default provisions that automatically apply unless contracted around. The policy is to facilitate secured lending by providing predictable rules. As long as your security agreement satisfies 9-203(b), you should be able to enforce using UCC default procedures.
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Avery Flores
•Right, and Article 9 defaults generally favor secured parties, so lenders are usually happy to rely on them rather than negotiate custom terms for routine deals.
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Ava Hernandez
•This thread has been incredibly helpful. Sounds like our security agreement is probably enforceable even with the missing commercial terms, as long as we have proper perfection.
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Ashley Adams
One more thing to consider - even if some terms are missing from your security agreement, you might be able to look at the broader loan documentation. Often the promissory note or loan agreement will contain terms that can be read together with the security agreement. Courts generally interpret related documents as integrated agreements where it makes commercial sense.
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Ashley Adams
•Exactly. Security agreements don't exist in isolation - they're part of broader financing arrangements. The UCC recognizes this in its interpretation rules.
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Alexis Robinson
•And don't forget UCC 1-303 on course of performance and usage of trade. Even 'missing' terms might be supplied by industry custom or the parties' prior dealings.
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