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Bottom line - if removal of the HVAC system would damage your building or leave it incomplete for its intended commercial use, you're dealing with fixtures. The blanket UCC-1 approach puts the lender at risk of being subordinated to construction liens, mortgage holders, and other real estate creditors. For $180K, that's not a risk worth taking.
This really clarifies things. Our building definitely wouldn't function properly without the HVAC system so fixture filing seems like the obvious choice.
This is a great discussion thread! As someone new to UCC filings, I'm learning a lot about the fixture vs equipment distinction. It sounds like for Taylor's situation with the rooftop HVAC system, the fixture filing route is probably the safer bet given the permanent installation and integration with the building. One question - how much extra does a fixture filing typically cost compared to a regular UCC-1? And are there timing differences in terms of how long each takes to process? With installation starting next week, timing seems critical here.
Final update - called Colorado SOS directly and they confirmed our filing is on record and properly indexed. Turns out there was indeed a technical issue with their search portal that was affecting certain date ranges. They manually verified our lien is in first position and properly filed. Thanks everyone for the advice, especially about trying the filing number search and calling directly when online results don't make sense.
Glad it worked out, but seriously, Colorado needs to fix their system. This kind of technical issue shouldn't happen with something this important.
Thanks for the update! This gives me confidence to call them about my similar issue.
I'm glad I found this thread! I'm new to UCC filings and this kind of search issue would have sent me into a panic. It's really helpful to see that calling the SOS directly is a viable option when the online portal isn't cooperating. I'll definitely keep that in mind for future filings. Also appreciate all the tips about name variations and using filing numbers instead of debtor names for searches - these are exactly the kinds of practical insights you don't learn from the filing guides.
Been following this thread and wow, what a mess. The transition from secured creditor with UCC foreclosure rights to unsecured creditor is brutal. But here's a thought - are you absolutely certain about the equipment's current value and condition? If the borrower has been in distress for months, the equipment might be worth less than you think, which could change your negotiation strategy.
Right, so your recovery expectations might need to be adjusted even further downward. Makes the personal guarantee look more valuable relative to equipment recovery.
I've been through similar UCC continuation lapses and the harsh reality is you're now playing defense instead of offense. Since you can't do UCC foreclosure anymore, I'd recommend a multi-pronged approach: 1) Get that physical equipment inspection done ASAP to assess actual current value, 2) Pursue the $150K personal guarantee aggressively since that's your most secure recovery, 3) Consider offering a settlement that splits the difference - maybe propose they surrender the equipment voluntarily in exchange for you waiving part of the debt. The key is moving fast before other creditors complicate things further. Also, document everything about the equipment's location and condition now in case they try to move or dispose of it. You've lost your secured foreclosure rights but you still have leverage as long as you act quickly.
UPDATE: We got the lender to agree to file an immediate UCC-3 termination after our attorney sent them copies of the satisfaction letter and payment records. Apparently their system had a glitch that marked our account as unpaid even though they processed the final payment. The termination should be filed by tomorrow and we can close the sale next week. Thanks everyone for the advice - the escrow suggestion especially helped keep our buyer engaged while we worked this out.
Great outcome! This is exactly why having organized documentation is so critical for these situations.
Perfect example of why lenders need better internal controls. But glad you got it resolved quickly.
Wait, I'm confused - the update says Jake Sinclair resolved this, but the original post was from Kara Yoshida. Are you the same person with different accounts, or is this a similar situation? Either way, congrats on getting it resolved! This is a perfect example of why keeping detailed payment records and satisfaction letters is so important. For anyone else facing similar issues, this shows that sometimes the direct approach with documentation works better than immediately going nuclear with legal threats.
Yara Sayegh
Just to confirm the current rates since there's been some confusion in this thread: Iowa UCC-1 electronic filing is $15 for first debtor, $5 each additional. Paper filing is $20 + $5 each additional. Continuations are $15 electronic, $20 paper. Amendments vary by type but most are $15. Terminations are $10. These are the rates as of January 2025.
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Keisha Johnson
•Good summary. I'm saving this for reference.
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Paolo Longo
•Appreciate the clarity. The Iowa fee structure is definitely more complex than some other states.
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Lia Quinn
Thanks everyone for the detailed breakdown! This is exactly what I needed. Based on the current rates Yara outlined, I'm looking at about $180-240 for my 12 filings depending on debtor counts. The per-debtor pricing definitely adds up but at least now I can budget accurately. Going to check out that fee calculator on the Iowa SOS website and might look into Certana.ai for document verification given the volume we're dealing with. Really appreciate this community sharing real-world experience with Iowa UCC filings!
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Amina Toure
•Welcome to the community! As someone new to Iowa UCC filings, I found this thread incredibly helpful too. The per-debtor fee structure definitely caught me off guard initially. One tip from my recent experience - double-check that your filing service understands the additional debtor fees. I had one service quote me the base $15 rate for a 4-debtor filing when it should have been $30. Also worth noting that Iowa's electronic system is pretty user-friendly once you get the hang of it. Good luck with your filings!
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Micah Trail
•Great summary of the costs! One thing to add - if you're doing electronic filings through Iowa's system, make sure you have your login credentials set up in advance. The registration process can take a day or two to get approved, and you don't want that holding up your filings. Also, I've found it helpful to batch similar filings together since you're already in the system. The Iowa portal saves your previous entries which speeds up the process for multiple filings with similar collateral descriptions.
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