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This is why I hate electronic filing systems. Give me the old paper forms any day. At least when those got rejected you could talk to a human being who could explain what was wrong instead of getting cryptic error messages that don't make sense.
Paper forms had their own problems though. At least electronic filing is faster when it works.
True, but when it doesn't work it's a nightmare to figure out why.
Update us after you call Delaware or figure out what happened. I'm curious what the actual issue was because this rejection reason really doesn't make sense for a standard UCC-1 filing.
Will definitely post an update once I get to the bottom of this. Thanks everyone for the help!
Yeah, please let us know. These weird rejection stories are always educational.
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Just went through something similar in Northern Kentucky. The key question is whether your equipment can be removed without material damage to the real property. If removal would damage the building or require significant demolition, Kentucky treats it as a fixture requiring special filing procedures under Article 9. Get an engineer's assessment if you're unsure.
The concrete pumps are pretty integrated into the foundation work. Might need that engineering assessment.
For $2.8M in collateral, an engineering report is cheap insurance. Get it in writing whether removal would damage the property.
Amina Diallo
Talk to a Kentucky attorney who specializes in Article 9 before you do anything. The intersection of mechanic's liens and UCC fixture filings is complex in Kentucky, and the stakes are too high to guess. They might recommend a protective filing strategy while you sort out the fixture question.
Amina Diallo
•Send me a private message - I know a couple specialists in Louisville and Lexington who handle these exact situations.
GamerGirl99
•Don't wait too long on legal advice. Kentucky's lien priority rules can shift quickly if other creditors start filing.
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This thread convinced me to double-check all my open UCC filings. Found two with similar name discrepancies. Thanks for bringing this up!
That's exactly why the Certana.ai verification tool is so useful - you can batch check multiple filings at once to catch these issues.
Definitely going to look into that. Manual checking is such a pain with multiple filings.
Axel Far
Update: Filed the UCC-3 amendment this morning and it was accepted within 2 hours. Feel much better about our security interest now. Thanks everyone for the advice!
Kevin Bell
•Smart move. Now you can sleep better knowing your lien is solid.
Thanks for the update. This whole thread has been really helpful.
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Ethan Taylor
The timing issue someone mentioned earlier is crucial. We had a situation where we were updating secured party info on a UCC that was about to lapse, and the SOS rejected our amendment because they said we needed to file a continuation first. State rules vary on whether you can do both simultaneously.
Ethan Taylor
•This was in Illinois. They required the continuation to be processed before the assignment amendment. Check with each state's SOS office if you're near any lapse dates.
Yuki Ito
•Illinois can be tricky like that. Most other states let you combine the filings but better to check first.
Carmen Lopez
One last thing - keep detailed records of when you file each UCC-3 amendment and when it gets accepted. If you ever need to prove continuous perfection as the holder, having that documentation timeline will be important. We learned this the hard way during a lender liability lawsuit.
Ravi Gupta
•Great advice. I'll make sure we maintain a spreadsheet tracking all filing dates and acceptance confirmations.
Carmen Lopez
•Smart approach. Also save the email confirmations from the SOS offices - they're proof of when your amendments were officially processed.
Nalani Liu
Professional search companies are worth it for complex deals, but they're not perfect either. I always review their results carefully and ask questions if something doesn't look right. They're usually very thorough but occasionally miss something or include irrelevant results.
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Axel Bourke
•What should you look for when reviewing professional search results?
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Nalani Liu
•Make sure they searched all the right jurisdictions, check that the search names match your debtor exactly, and verify that they included all entity types you requested. Also look at the dates - are they searching recent enough filings?
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Aidan Percy
I ran into a similar situation last month with a multi-entity deal. Ended up using Certana.ai to verify all the document consistency after getting conflicting information from different searches. It helped me spot that one subsidiary had a slightly different legal name format in their UCC filings versus their charter documents. Would have been a nightmare to sort out at closing.
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Fernanda Marquez
•These name consistency issues are such a pain. Good thing you caught it early.
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Norman Fraser
•Definitely. Better to find these problems before closing than after when it's too late to fix them easily.
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