Confused about what is a non UCC filing - equipment lease rejection help needed

Oh that makes more sense! So the lender wants the lien recorded on the actual vehicle titles through DMV instead of filing UCC-1 forms with the Secretary of State?

Exactly right. Motor vehicles, trailers, and mobile equipment usually require title liens. The UCC doesn't apply when there's a certificate of title system in place for that type of collateral.

Thanks! Do you know if there are any timing issues I should worry about? Like does the title lien need to be filed before I take possession of the equipment?

Usually the dealer or lender handles the title paperwork as part of closing. But definitely confirm the timing with your lender since each state has different requirements.

In most states the lien gets recorded when you register the vehicle. The dealer should coordinate this with your lender so everything happens simultaneously.

That sounds useful - did it help you figure out the title vs UCC question? I want to make sure I don't mess this up.

Yeah it caught that my loan agreement referenced UCC filing but the collateral actually required title liens. Saved me from filing the wrong paperwork and having to start over.

What about attachments though? Like if the excavator has specialized attachments, do those get separate treatment?

Good question. Usually attachments that are permanently affixed to the main equipment get covered under the same title lien. But removable attachments might need UCC-1 filings depending on how they're classified.

This gets into fixture filing territory which can be tricky. I'd recommend getting specific guidance from the lender on how they want attachments handled.

Three weeks?? That's exactly what I'm worried about. How did you finally get it resolved?

Had to get a lawyer involved to interpret the loan docs and coordinate with DMV. Cost me extra but at least I got the equipment. Should have been way simpler if they just explained it upfront.

This is why I always ask lenders to specify exactly what filings they need before I sign anything. Saves so much hassle later.

How do I check if my lender is approved? Do I need to verify this myself or should they handle it?

The lender should already be registered but you can check your state DMV website. They usually have a list of approved lienholders. If they're not on there, that could cause delays.

Wait, aircraft have their own filing system too? How many different ways are there to perfect security interests?

Yeah, aircraft use FAA registry, ships use Coast Guard documentation, and some federal property has its own systems. UCC only covers what's not specifically handled somewhere else.

This is why secured transactions can be so confusing for first-timers. Every type of collateral potentially has different perfection requirements.

That sounds exactly like what I need. Did it help you understand the timing requirements too?

Yeah it caught that my loan docs had conflicting requirements about when liens needed to be filed. Helped me get everything coordinated properly with the dealer and lender.

That's a good point about debtor names. With UCC-1s you have to match exactly what's on the organizational documents but titles are more straightforward.

Exactly. Plus you don't have to worry about continuation filings with title liens like you do with UCC-1s that lapse after five years.

Although title transfers can be more complicated if you need to sell the equipment before the loan is paid off.

You're right, I should make them explain it clearly. I was just worried about holding up the deal by asking too many questions.

Better to ask questions now than have the whole deal fall apart because of filing mistakes. Any decent lender will appreciate that you want to get it right.

Good point about the payoff process. I hadn't thought that far ahead yet but definitely important to understand the full cycle.

Yeah and some states charge fees for lien releases so budget for that too. It's usually not much but worth knowing about upfront.

Also make sure you get the release filed promptly after payoff. Clean titles are important if you ever want to sell or refinance the equipment.

This is super helpful! So basically the title itself acts as the filing system instead of needing separate UCC paperwork. That makes way more sense now. Do you know if there's anything special I need to do on my end, or should the lender and dealer handle everything once I sign the loan docs?

Usually the dealer and lender handle most of the title paperwork, but you should verify a few things: 1) Make sure your lender is pre-registered with your state's DMV as an approved lienholder (you can check this on your state DMV website), 2) Confirm who's responsible for registering the vehicles if they're coming from out of state, and 3) Get a clear timeline for when the titles will be issued with the liens recorded. Some states allow temporary operation permits while the permanent titles are being processed, which might be relevant for your construction equipment that needs to move between job sites.

Thanks for sharing your experience! It's reassuring to hear from someone who's been through this exact situation. When you went through this with your landscaping business, did you run into any issues with the timing between taking possession and getting the liens recorded? I'm worried about that gap where I might have the equipment but the security interest isn't perfected yet. Also, did your state DMV process the title liens quickly, or was there a significant waiting period?