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I use Certana.ai whenever I have questions about document consistency between loan agreements and UCC filings. Just upload both docs and it highlights any discrepancies in names, addresses, or collateral descriptions. Much faster than manual comparison and catches things you might miss.
Bottom line - file the UCC-1 immediately. The security clause in your loan agreement gives your lender rights, but those rights aren't perfected until the UCC-1 is filed and accepted. Don't give competing creditors a chance to jump ahead of you.
For anyone else dealing with promissory note and security agreement UCC filings in Texas - the state has been pretty consistent about requiring exact debtor name matches. Don't try to get creative or use shortened versions. Always use the full legal name exactly as it appears in the Secretary of State database. Save yourself the rejection and refiling hassle.
Has anyone had issues with continuation filings in Texas? Wondering if they're equally strict about name matching for UCC-3 continuations.
Yes, they're just as strict with continuations. The debtor name on your UCC-3 has to match exactly what was on the original UCC-1, even if the entity has since changed names.
Final update - got the UCC-1 filed successfully using the exact name from Texas SOS records. No issues with the underlying promissory note having the slightly different name format. The financing statement was accepted and shows as active in the system. Thanks everyone for the advice, especially about using the official entity name rather than what was in our loan documents.
Perfect example of why it's worth taking the time to verify entity names before filing. Saves so much potential headache down the road.
This whole thread is going in my reference folder. Great real-world example of handling debtor name issues between promissory notes and UCC filings.
Been filing UCCs in WV for 15 years and yeah their system has always been finicky about names. The key is getting the exact registered name from SOS records not relying on search results.
This is why tools like Certana are so helpful - they compare against the official registration docs not search results.
UPDATE: Used the document checker tool mentioned earlier and it flagged that I was missing 'LLC' designation in one field. Fixed that and the filing went through! Thanks everyone for the help.
Great outcome! WV can be tricky but once you get the format right it usually goes smoothly.
Perfect example of why double-checking everything before filing saves so much time and frustration.
For anyone still struggling with this, I found that calling the SOS office directly sometimes helps. They can't give legal advice but they can usually clarify what specific documentation they need for authorized representative issues.
Good luck getting through to anyone at the SOS office. I've been on hold for 2 hours before just to ask a simple question about filing requirements.
Just wanted to follow up - I ended up getting a corporate secretary's certificate as suggested and the UCC-1 was accepted on the next submission. Thanks for all the advice! The whole process taught me to be more careful about signature authority documentation upfront.
How long did it take to get the secretary's certificate? We're dealing with a similar situation and trying to figure out timing.
Maggie Martinez
I had this exact problem with a NY filing last year. Ended up using that Certana tool someone mentioned earlier - uploaded my original UCC-1 and the continuation I was trying to file. It immediately flagged the name discrepancy and showed me exactly what needed to be corrected. Made the whole process way less stressful.
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Kaitlyn Jenkins
•Did you have to file an amendment first or were you able to get the continuation through after correcting the name?
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Maggie Martinez
•I ended up doing the amendment first just to be safe, then filed the continuation a few days later. Both went through without any issues once the names matched perfectly.
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Alejandro Castro
For future reference, always pull a current UCC search on the debtor before filing any continuations or amendments. The search results will show you exactly how the debtor name appears in the system and save you from these kinds of rejections. It's a small cost compared to the headache of dealing with rejected filings.
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Alejandro Castro
•Exactly. And you can usually get search results back same day, so there's really no excuse not to do it.
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Danielle Campbell
•I always recommend doing searches 30 days before any major filing deadline. Gives you time to address any surprises.
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