UCC Document Community

This whole situation is why I hate secured lending. You think you're protected but then debtors just refuse to cooperate and you're stuck in court for months. Meanwhile your collateral is sitting there losing value every day.

I've dealt with this situation multiple times. Here's my practical advice: First, send a final demand letter specifically requesting access to the collateral within 10 business days, referencing both your security agreement and UCC-1 filing. If they still refuse, file for a replevin action rather than full foreclosure - it's faster and specifically designed to get possession of personal property. Most judges will grant it quickly if your paperwork is in order. Also consider getting an updated appraisal of the equipment before you proceed - printing equipment can depreciate faster than you think, and you want to know if the numbers still make sense. The whole process took us about 6 weeks from filing to sale, which beat the 3+ months of full judicial foreclosure. Document every interaction and keep all certified mail receipts. Don't attempt self-help if they're actively refusing - the breach of peace risk isn't worth it.

Update us on how it goes! I'm always curious to hear how these complex fixture filings turn out. Good luck with your Monday deadline.

Just a heads up - since you mentioned the deadline is Monday, make sure to check if the filing office is open and what their cutoff times are. Some county recorder offices have earlier deadlines on Mondays or reduced hours. Also, if you're filing electronically, verify the system will be available. I've seen people scramble at the last minute only to find the e-filing system was down for maintenance. With fixture filings being more complex, you don't want any last-minute surprises delaying your submission.

Just to echo what others have said - verify everything before sending UCC 9610 notices. I made the mistake of assuming our paperwork was perfect and ended up with a wrongful repo claim because of a technical defect in our UCC-1 filing. Cost us way more than the original loan amount.

I'm new to commercial lending but dealing with a similar situation on a smaller scale ($75k equipment loan). Reading through all these responses, it's clear that UCC 9610 notice compliance is just the tip of the iceberg. The mechanics lien priority issue that Natasha raised is something I hadn't even considered - are there any good resources for checking lien priority by state? Also, given all the horror stories about UCC-1 filing defects, it sounds like using a verification tool like Certana.ai before sending any notices could save a lot of headaches. For someone just starting in equipment financing, what's the most critical mistake to avoid in the UCC 9610 notice process?

Whatever you do, don't let your refinancing get held up by this. Even if there is a legitimate issue with the equipment financing, most title companies will accept an indemnity agreement from the seller while you sort out the details.

I'd strongly recommend getting a copy of the original UCC-1 filing from Industrial Equipment Finance LLC and comparing it line-by-line with your equipment purchase documentation. Pay special attention to the filing date, debtor information, and collateral description. If this lien predates your equipment purchase and describes equipment by location rather than specific serial numbers, you might be dealing with a blanket lien that covered the previous tenant's equipment. Also check if Industrial Equipment Finance has any corporate relationships with your original lender - sometimes parent companies or affiliates file duplicate liens during transitions. Document everything carefully because if this turns out to be an error, you'll want a clear paper trail for the title company.

Thanks everyone for the detailed responses. Sounds like fixture filing is definitely the way to go for this type of equipment. I'll coordinate with the borrower's real estate attorney to get the proper legal description and file in both locations. Better safe than sorry with this much money at stake.

One additional consideration for Texas fixture filings - make sure you're clear on the county's recording requirements. Some Texas counties require the fixture filing to be recorded in the Real Property Records rather than just the UCC records section. Also, if your borrower's warehouse spans multiple counties (which happens with large facilities), you'll need to file fixture filings in each county where the real estate is located. I've seen deals where people missed this and only filed in the county where the business address was located, not realizing the property crossed county lines. Always verify the exact property boundaries before filing.