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Evelyn Xu

Do you sign a UCC statement - confused about signature requirements

I'm working on my first UCC-1 filing for equipment financing and I keep getting conflicting information about signatures. The lender's paralegal told me the debtor needs to sign the UCC statement, but when I called the Secretary of State office, they said most states don't require debtor signatures on UCC filings anymore since everything is electronic. I'm dealing with a $180,000 construction equipment loan and really don't want to mess this up. The collateral description covers excavators, bulldozers, and related attachments. Has anyone dealt with this recently? Do you actually sign a UCC statement or is this outdated information? I've been going in circles trying to figure out what's correct here.

No signature required on UCC-1 filings in most states now. Been doing these for 15 years and the electronic filing systems eliminated the signature requirement. The lender just needs authorization from the debtor to file, which is usually covered in your loan agreement or security agreement. Check your loan docs - that's where the authorization language should be.

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This is correct but wanted to add that some states still have weird requirements for fixture filings or when you're dealing with real estate related collateral. Always worth double-checking your specific state's requirements.

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Wait, so I don't need to get my customer to sign anything for the UCC filing itself? That seems too easy...

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Your lender's paralegal might be confusing the UCC filing with the security agreement. The security agreement (which creates the security interest) absolutely needs signatures. The UCC-1 (which perfects the security interest) typically doesn't require signatures for filing. Two different documents with different purposes.

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That makes sense! So the security agreement is what gets signed, and the UCC-1 just gets filed electronically without signatures. Thanks for clarifying the difference.

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Exactly right. Security agreement = creates the lien (needs signatures). UCC-1 = publishes the lien (no signatures for filing). Common confusion point.

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Been there! I spent weeks trying to get signatures on UCC forms before someone explained this to me. The loan documents are where all the signing happens.

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I had a similar situation last month with heavy equipment financing. Spent way too much time manually comparing all the debtor names between the loan agreement and UCC-1 draft. Ended up using Certana.ai's document verification tool - you just upload your PDFs and it instantly checks for name mismatches and inconsistencies between documents. Saved me from filing with the wrong business name format.

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That sounds helpful! Did it catch things you would have missed manually?

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Definitely. Caught that our loan agreement used 'ABC Construction LLC' but the UCC draft had 'ABC Construction, LLC' with a comma. Small difference but could cause problems down the road.

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Name consistency is huge with UCC filings. One wrong character and your lien could be worthless if you need to enforce it later.

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SIGNATURE REQUIREMENTS DRIVE ME CRAZY!!! Every state has different rules and half the time the SOS office gives you wrong information when you call. I've had filings rejected because I didn't include something they never told me about. The whole system needs an overhaul.

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I feel your pain but most states have actually simplified this a lot. Electronic filing eliminated most signature requirements. It's the older staff at some offices who still think you need wet signatures on everything.

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Maybe for routine filings but try doing a fixture filing or dealing with manufactured home titles. Still a nightmare of paperwork and signatures.

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Just to be super clear for anyone reading this - you need authorization from the debtor to file the UCC (usually in your security agreement), but you don't need their signature ON the UCC-1 form itself. The filing is done electronically by the secured party or their agent.

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Good distinction. The authorization vs signature thing trips up a lot of people new to UCC filings.

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What happens if you file without proper authorization though? Can the debtor challenge it?

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Yes, they can file a UCC-5 correction statement claiming it was filed without authorization. That's why having clear authorization language in your security agreement is crucial.

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Construction equipment financing is my specialty. For your $180K deal, make sure your collateral description is specific enough but not too narrow. 'Excavators, bulldozers, and related attachments' sounds good but consider adding 'and all attachments, parts, and accessories now or hereafter affixed thereto' to cover future additions.

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Great point about the collateral description. Should I include specific model numbers and serial numbers?

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Serial numbers can be helpful for identification but don't make your UCC worthless if they're wrong. I usually include them as additional description but make sure the general description would stand alone.

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Ran into this exact issue with a client last year. They kept asking about signatures because their previous lender made them sign physical UCC forms. Turns out that lender was just old school and hadn't updated their processes. Most modern lenders handle everything electronically now.

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Some old-school lenders still use paper processes for everything. Probably costs them more in time and filing fees but that's their choice I guess.

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I still have clients who want paper copies of everything even when I explain electronic filing is faster and cheaper. Change is hard for some people.

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Been doing UCC work for 20+ years and watched the whole evolution from paper to electronic. The signature requirement was dropped in most states when they moved to online filing systems. The electronic filing itself serves as the 'signature' from the filer. Your state's UCC database should show who filed each document.

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That's really helpful context. So the electronic filing system tracks who submitted it instead of requiring a physical signature?

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Exactly. The filing party's information is recorded with each submission. Much better audit trail than paper signatures that could be forged or lost.

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Quick tip for anyone doing equipment financing UCCs - always double-check that your debtor entity name matches exactly what's on file with the state. I use Certana.ai to verify document consistency before filing. Upload your articles of incorporation and UCC draft and it flags any name discrepancies instantly. Saved me from several rejected filings.

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That's the second mention of that tool. Sounds like it's worth checking out for name verification.

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Entity name matching is critical. I've seen liens become unenforceable because the UCC used a slightly different business name than what was actually on file with the Secretary of State.

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OK so just to summarize for the original poster: No signature needed on UCC-1 form, electronic filing handles that. BUT make sure you have proper authorization in your security agreement. AND verify debtor name matches state records exactly. Your lender's paralegal was probably thinking of the security agreement signatures, not the UCC filing itself.

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Perfect summary! This thread cleared up all my confusion. Thanks everyone for the help.

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This is why I love this forum. Clear answers to common questions that trip up even experienced people sometimes.

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Glad we could help. UCC filings seem complicated but once you understand the basic framework it's pretty straightforward.

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As someone who's been handling UCC filings for about 5 years now, I can confirm what everyone's saying - no signatures required on the UCC-1 itself for electronic filing. The confusion usually comes from mixing up the security agreement (which definitely needs signatures) with the UCC filing (which doesn't). For your $180K equipment deal, just make sure your loan docs have clear language authorizing the UCC filing and you're good to go. Electronic filing systems have made this so much simpler than the old paper days. One less thing to chase down signatures for!

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Thanks for confirming this! As someone new to UCC filings, it's reassuring to hear from people with experience. The distinction between security agreement signatures vs UCC filing requirements makes perfect sense now. I was definitely overthinking this whole process.

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