


Ask the community...
Thanks everyone for the help! I ended up filing separate UCC-1s for each guarantor and the main borrower. All accepted by the SOS office. The spreadsheet approach really helped me stay organized, and the document verification tool caught two name issues I would have missed. Loan closed successfully!
So glad this worked out! I'm dealing with a similar situation next week and this thread has been incredibly helpful.
As someone new to secured transactions, this thread has been incredibly educational! I'm curious about the timing aspect - how far in advance of closing should you typically prepare and file UCC-1s? I've heard conflicting advice about whether to file before or after loan documents are signed. Also, if a filing gets rejected, how much time do you usually have to correct and refile before it affects the closing timeline?
Great question! I typically prepare UCC-1s early but file them the day of or day before closing to ensure the security agreements are fully executed first. Most states process electronic filings within a few hours, so you can usually get immediate confirmation. If there's a rejection, you typically have the same business day to correct and refile without affecting closing if you catch it quickly. The key is having everything prepared and double-checked beforehand so any corrections are just minor tweaks. I always build in a buffer day before closing just in case of filing issues.
As someone who's been working in secured lending for about 3 years now, I can confirm everything that's been shared here is spot on. The fixture filing vs regular UCC distinction was one of the trickiest concepts for me to grasp initially, but once you understand that it's fundamentally about WHERE the filing goes to reach the RIGHT AUDIENCE, it all clicks. One additional tip I'd add is to always document your fixture analysis in your file - note what factors led you to conclude something is or isn't a fixture. This helps with consistency across similar transactions and gives you something to reference if questions come up later. For manufacturing equipment like what Lena described, I'd also suggest taking photos of the installation showing how the equipment is attached to the concrete foundations. This visual documentation can be really helpful if there's ever a dispute about fixture status down the road. The manufacturing sector tends to have a lot of permanently installed equipment that clearly qualifies for fixture filing treatment.
That's excellent advice about documenting the fixture analysis! I hadn't thought about keeping photos of the installation, but that makes so much sense for manufacturing equipment cases. It would definitely help if anyone ever questions whether the equipment really qualifies as a fixture. I'm also going to start keeping better notes about my reasoning for fixture vs non-fixture decisions - seems like the kind of thing that could come back to bite you if you're not consistent across similar deals. The manufacturing sector tip is really helpful too since I suspect I'll be seeing more of these permanent installation scenarios. Thanks for sharing those practical insights from your experience!
This thread has been incredibly educational! As someone just starting out with secured transactions, I had no idea fixture filings were even a thing. The manufacturing equipment example really helps illustrate when you need to think beyond regular UCC-1 filings. What strikes me most is how the filing location depends entirely on who needs to find the information - real estate searchers vs UCC searchers. I'm curious though - are there any situations where the fixture determination isn't so clear-cut? Like equipment that could go either way? And when you're dealing with those borderline cases, is it better to err on the side of fixture filing for extra protection, or does that create other complications? Thanks to everyone who shared their real-world experiences - this kind of practical knowledge is exactly what you don't get from just reading the statutes!
Bottom line: unless the lessor can point to a specific exclusion in 9-109(d) that applies to their transaction, they're probably wrong about Comment 2. Most equipment financing falls squarely within Article 9 scope, and Comment 2 doesn't change that fundamental reality.
As a newcomer to UCC practice, this thread has been incredibly helpful in understanding the Comment 2 analysis. I'm seeing a pattern here where the key issue isn't what Comment 2 says, but rather ensuring the underlying transaction analysis under 1-203 is done properly first. It sounds like many lessors try to use Comment 2 as a shortcut to avoid the fundamental lease vs. security interest determination. Would it be fair to say that Comment 2 is essentially a "these are the rare exceptions" guide, and for typical equipment financing deals, you still need to do the basic economic substance analysis regardless of how the parties label the transaction?
That's exactly right, Taylor! You've identified the key insight that many practitioners miss. Comment 2 is really a "here's why certain unusual transactions are excluded" explainer, not a general escape hatch from Article 9. The fundamental 1-203 analysis always comes first - you have to determine whether you're dealing with a true lease or a disguised security interest based on economic substance. Only after you've established that there IS a security interest do you then look at whether any of the 9-109(d) exclusions apply. Most equipment financing deals fail to meet any of those narrow exclusions, so they end up squarely in Article 9 territory regardless of what the lessor wants to call them.
Just want to add that Louisiana is pretty fast with processing compared to some states. Usually see the UCC show up in searches within 24-48 hours of filing. The $30 fee includes reasonably quick turnaround time.
Definitely faster than Mississippi or Alabama. Louisiana has their UCC system pretty well organized overall.
The quick processing is great when your documents are correct the first time. But if you get rejected for name issues and have to refile, that delay can be costly. That's why I always run everything through Certana.ai's verification first - better to catch problems before filing than deal with rejections and delays.
Thanks everyone for the detailed breakdown! This has been super helpful. Based on what I'm seeing here, I should budget around $240 for the 8 UCC-1 filings ($30 each) plus another $120 for UCC searches ($15 x 8) to check existing liens first. That puts me at $360 total, which is actually reasonable for the due diligence and filing costs. I'm definitely going to look into that document verification tool that Jacob mentioned - sounds like it could save me from costly rejections. The last thing I want is to pay filing fees twice because of formatting issues. I'll also make sure to save all the receipts locally since the email confirmations aren't reliable. Really appreciate this community sharing real-world experiences and current pricing!
Payton Black
Perfect timing on this thread. I have a similar situation coming up next month with industrial bakery equipment. The ovens are basically built into the building structure so fixture filing makes sense. Glad to see the consensus on the approach.
0 coins
Harold Oh
•Industrial ovens are definitely fixture territory. Just make sure you get detailed specs on what's actually attached vs what could be moved.
0 coins
Amun-Ra Azra
•Bakery equipment can be tricky because some of it is mobile even if it's heavy. Focus on what's truly integrated into the building systems.
0 coins
Oscar O'Neil
Just wanted to add from recent experience - when dealing with mixed collateral like this, I always recommend doing a site inspection with photos documenting exactly what equipment is permanently attached vs. what could potentially be moved. For your manufacturing facility, take pictures of the machinery foundations, electrical/plumbing connections, and any structural modifications made to accommodate the equipment. This documentation becomes invaluable if there's ever a dispute about what qualifies as fixtures vs. personal property. Also helps with insurance coverage determinations down the line. The visual evidence makes the fixture filing much more defensible if challenged.
0 coins