UCC Document Community

I've encountered this exact scenario multiple times, and it's usually a misunderstanding of how Article 9 comments function. The comments to Section 9-108 actually emphasize that collateral descriptions should be practical and functional, not exhaustively detailed. When the comment mentions "adequacy," it's setting a minimum threshold, not requiring maximum specificity. For equipment financing, a description like "all equipment now owned or hereafter acquired" is typically sufficient and preferred because it covers replacements and additions automatically. Serial numbers can actually create problems if equipment gets upgraded or replaced during the loan term. I'd suggest showing your loan officer the full text of Comment 2 to Section 9-108, which explicitly states that descriptions like "all equipment" are adequate. The comments support flexibility, not rigid specificity.

As someone who's dealt with this same confusion before, I'd recommend creating a simple comparison document for your loan officer. On one side, show the actual statutory language from UCC 9-108(a) which just requires that the description "reasonably identifies" the collateral. On the other side, show Comment 2 which explicitly says "all equipment" satisfies this standard. The comment isn't adding requirements - it's actually clarifying that you don't need excessive detail. I've found that when loan officers see this side-by-side comparison, they realize the comments are making their job easier, not harder. For your manufacturing client's equipment, something like "all equipment, machinery, and fixtures now owned or hereafter acquired" will protect the security interest much better than a list of serial numbers that becomes outdated when equipment gets replaced or upgraded.

Think I can clarify this - a 'UCC claim' is really just shorthand for having a secured position under the Uniform Commercial Code. You establish this by filing UCC-1 financing statements that put the world on notice of your security interest. When the debtor defaults, you 'claim' or assert those rights. The filing creates the claim, enforcement realizes the value.

This has been really educational! I work in credit management and see UCC filings all the time but never fully understood the enforcement side. One thing I'm curious about - when you have a UCC-1 on file and the customer defaults, do you have to give them notice before repossessing collateral? Or can you just show up and take the equipment? I assume there are some procedural requirements to protect debtors' rights, but I've never seen the actual enforcement process play out.

Overall SC is one of the more affordable states for UCC filings. I deal with filings nationwide and their $15 electronic fee is pretty competitive. Just make sure you have your debtor names exactly right to avoid rejection and refiling fees!

Just wanted to add that SC also has a bulk filing option if you're doing multiple UCC filings at once. You can upload a spreadsheet with all your filing data and they'll process them in batch. Still $15 per filing but it saves a lot of time on data entry. I've used it when we had to file UCCs for a large portfolio acquisition - much more efficient than doing them one by one through the regular portal.

FYI for anyone following this thread - if you're dealing with equipment loans, always get the UCC3 termination process in writing before you sign the original loan documents. Some lenders charge fees for termination filings that aren't disclosed upfront, and others have ridiculous processing delays built into their systems. Know what you're getting into before you commit.

Just reading through all these responses and wow, I had no idea UCC terminations could be this complicated! I'm a new business owner and we're looking at financing some equipment next quarter. This thread is making me realize I need to be way more proactive about understanding the entire loan lifecycle, not just the approval and payment parts. Question for everyone - is there a standard timeframe I should expect for UCC termination across different types of lenders (banks vs credit unions vs equipment finance companies)? Also, are there any red flags I should watch for in loan documents that might indicate potential termination issues down the road?

Keep detailed records of all your communications with the original lender - dates, who you spoke with, what they promised. If you end up having to file the termination yourself or get a lawyer involved, that documentation will be valuable for showing you made good faith efforts to get them to comply with their obligations.

Given the urgency of your $180k equipment loan being held up, I'd recommend a two-pronged approach. First, send that certified demand letter to the original lender immediately - include specific language about statutory obligations and potential damages from their non-compliance. Meanwhile, start preparing to file the UCC-3 termination yourself as backup. Make sure to use the exact debtor name from the original filing (without the LLC designation) and double-check every detail matches perfectly. The self-filed termination route requires more paperwork but it's legally valid and might be faster than waiting for an unresponsive lender. Document everything and consider having a lawyer review your demand letter to add more legal weight - the cost will be minimal compared to losing that equipment financing.