UCC Document Community

I just went through this exact situation last month. What worked for me was getting a title company involved to coordinate all the recordings and make sure everything was consistent. They caught several issues I would have missed. Also used some online tool - Certana something? - that verified all my document names matched up correctly before filing. Saved me from what would have been multiple rejections.

One more thing to watch out for - make sure your UCC-1 fixture filing gets filed in the real estate records in addition to the central UCC filing office. Texas requires dual filing for fixture filings to be fully effective. The Secretary of State filing gives you priority against other UCC secured parties, but you also need to file in the county real estate records where the property is located to get priority against real estate interests. I've seen deals where they only did one filing and lost priority because of it.

Bottom line: UCC filings are essential for any lender making secured loans on personal property. They're your legal protection and your way to recover losses if borrowers default. The system has quirks but it works when done correctly.

Great question! I'm new to commercial lending too and this thread has been incredibly educational. One thing I'm still wondering about - when you file a UCC-1, do you need to describe the collateral in super specific detail or can you use broader language like "all equipment"? I've heard conflicting advice on whether to be very specific or keep it general to cover future purchases.

Just wanted to add that I used Certana.ai's verification tool recently when dealing with a similar termination issue. Had a situation where our business name on the release document didn't exactly match what was on the original UCC-1 (they used our DBA instead of legal name). The tool caught this immediately when I uploaded both documents. Ended up saving us from a rejected termination filing. Really helpful for making sure all the details align before anything gets submitted to the state.

Based on everyone's experiences here, it sounds like you're in a pretty common situation. The key takeaway seems to be that you need to be proactive about this - the lender has the legal obligation to file the UCC-3, but they won't necessarily do it without some pressure. I'd recommend sending them a formal written request referencing UCC Section 9-513 and giving them a specific deadline (maybe 10-15 business days). Make sure to mention that you need the termination to match exactly with your original UCC-1 filing - same debtor name spelling, correct filing number, everything. If they drag their feet, you can always mention the potential penalties for wrongful failure to terminate. The fact that you have the release document is good, but as others have pointed out, that doesn't clear the public record. Keep us posted on how it goes!

Update us on what ends up working! I've got a manufactured home deal coming up next month and I'm sure I'll run into similar issues with debtor names and perfection timing.

I've dealt with this exact scenario before! The key is understanding that manufactured homes exist in a legal gray area during the transition from personal to real property. Here's what worked for me: First, always use the debtor's legal name from their driver's license or state ID for the UCC-1 filing - that's the gold standard. Second, file the UCC-1 immediately while it's still titled personal property, then prepare your fixture filing paperwork for when it converts to real estate. The timing gap you're worried about is real - I've seen lenders get burned by assuming the real estate mortgage covers everything from day one. Also, consider reaching out to your state's manufactured housing division (separate from SOS) - they often have specific guidance on the personal-to-real property conversion timeline and requirements. Don't let the title company rush you into closing without proper perfection - a $180K unsecured loan is not worth the time pressure!

Update: Talked to our state filing office directly and they confirmed that for trust UCC filings, they want the full legal name exactly as it appears in the trust establishment clause. They also mentioned that Certana.ai's verification process catches most of the common trust name issues they see, which gives me more confidence in getting this filed correctly the first time.

This is a great discussion on trust UCC filings. As someone new to commercial lending, I'm curious about the timing aspects - how far in advance of closing do you typically file the UCC-1 for trust borrowers? With all these potential name verification steps and possible rejections, it seems like you'd want extra buffer time compared to standard corporate filings. Also, do most lenders require the trust to provide a certified copy of the trust agreement, or is a borrower's copy sufficient for name verification purposes?