< Back to UCC Document Community

Malik Robinson

Mortgage UCC Filing Mix-Up - Lender Wants Both but SOS Rejected One

Getting myself twisted up here and hoping someone can untangle this mess. Working on a commercial real estate deal where we've got both a mortgage AND personal property that needs secured. The lender is demanding we file a UCC-1 for the equipment/fixtures plus record the mortgage for the real estate portion. Problem is, the Secretary of State portal rejected our UCC-1 because they're saying there's overlap with the mortgage filing we already recorded at the county level. The debtor name on both documents is identical (checked three times), but the SOS system is flagging some kind of conflict. Has anyone dealt with this mortgage UCC overlap situation before? The loan is supposed to close next week and I'm starting to panic that we've got some fundamental filing error that's going to blow up the whole transaction. The collateral description clearly separates real property (covered by mortgage) from personal property/equipment (covered by UCC-1), so I don't understand why the system is rejecting it. Any insights on how to handle dual filings like this?

I've seen this exact issue before! The SOS systems sometimes flag potential duplicates when they see similar debtor names and collateral descriptions within a short time frame. Even though your mortgage is at county level and UCC is at state level, their automated systems can cross-reference. You'll probably need to call the SOS filing office directly and explain the dual-filing situation. They can usually override the system rejection once they understand it's intentional overlap for different types of collateral.

0 coins

This is exactly right. Had the same thing happen on a manufacturing equipment deal where we had real estate AND machinery. Called the SOS office, explained the situation, and they processed it manually within 24 hours.

0 coins

CosmosCaptain

•

How long did the manual processing take? We're on a tight deadline here and can't afford delays.

0 coins

Check your collateral descriptions VERY carefully. The overlap might be in how you described fixtures or equipment that could be considered either real or personal property. Things like HVAC systems, built-in equipment, or anything permanently attached can create confusion between mortgage and UCC filings. Make sure your UCC-1 collateral schedule explicitly excludes anything that would be covered by the mortgage as a fixture.

0 coins

Omar Fawzi

•

Good point about fixtures. We learned this the hard way when our UCC got rejected because we included 'all equipment' which the system interpreted as including real property fixtures already covered by our mortgage.

0 coins

Chloe Wilson

•

Ugh, fixtures are the worst part of mixed filings. The line between personal and real property is so blurry with modern equipment installations.

0 coins

Looking at our collateral description now... we did include 'all equipment and fixtures' in the UCC. That might be the issue. Should we amend to exclude fixtures that would be covered by the mortgage?

0 coins

Diego Mendoza

•

I ran into a similar nightmare last month with overlapping filings. After spending hours on the phone with SOS and getting nowhere, I discovered this tool called Certana.ai that can upload and cross-check your mortgage documents against your UCC-1 filing. It caught the exact overlap issue that was causing our rejection - turned out we had inconsistent debtor name formatting between the two documents even though they looked identical to us. The tool highlighted the discrepancy immediately and we were able to fix it before refiling. Saved us days of back-and-forth with the filing office.

0 coins

Never heard of that service but sounds useful. How exactly does it work for document comparison?

0 coins

Diego Mendoza

•

You just upload PDFs of both documents and it automatically checks for name mismatches, overlapping collateral descriptions, and other consistency issues. Really simple to use and caught things we missed in manual review.

0 coins

StellarSurfer

•

Interesting. Might be worth trying if it can spot issues before they cause rejections.

0 coins

Sean Kelly

•

Wait, are you sure you need BOTH filings? Some lenders think they need dual coverage but actually the mortgage might be sufficient depending on your collateral type. What exactly is the personal property you're trying to secure with the UCC? If it's stuff that's permanently attached to the real estate, the mortgage might already cover it as fixtures.

0 coins

It's manufacturing equipment - some attached, some moveable. The lender specifically wants UCC coverage for anything that could be removed from the premises. They're being extra cautious after getting burned on a previous deal where equipment walked away.

0 coins

Zara Malik

•

Smart lender. Better to over-secure than under-secure, especially with moveable equipment.

0 coins

Luca Greco

•

Yeah but dual filings are a pain when systems don't play nice together.

0 coins

Nia Thompson

•

The SOS rejection might also be timing-related. If you filed the mortgage and UCC-1 too close together, their system might flag it as a potential duplicate filing. I'd recommend spacing them out by at least 24-48 hours if you need to refile. Also, make sure your debtor names are EXACTLY the same format - sometimes one document has 'LLC' and the other has 'L.L.C.' and that can cause cross-reference issues.

0 coins

Good catch on the timing. We always wait at least a day between related filings now after having this exact problem.

0 coins

Aisha Hussain

•

The name formatting thing is so annoying. Why can't these systems be smarter about obvious variations?

0 coins

Here's what worked for me in a similar situation: 1) Call SOS and ask for a supervisor, 2) Explain that you have intentional dual filings for different collateral types, 3) Ask them to add a note to your filing indicating it's related to [mortgage recording number], 4) Request manual processing. Most states have procedures for this exact scenario, you just need to talk to someone who knows the workaround.

0 coins

Ethan Brown

•

This is the way. Don't waste time with the automated system when you know it's a legitimate dual filing situation.

0 coins

Yuki Yamamoto

•

Supervisors are key. The front-line folks often don't know how to handle edge cases like this.

0 coins

Will try this approach first thing Monday. Thanks for the step-by-step process.

0 coins

Carmen Ruiz

•

Before you refile anything, double-check that your UCC-1 debtor name exactly matches what's on the mortgage. I mean EXACTLY - same spelling, same punctuation, same entity designation. Even a small difference can trigger system flags. Also verify that your collateral descriptions don't overlap. The mortgage covers real property and fixtures, so your UCC should only cover truly personal property that can be moved.

0 coins

This is crucial. We had a filing rejected because the mortgage said 'ABC Company LLC' and the UCC said 'ABC Company, LLC' - just that one comma difference.

0 coins

Zoe Dimitriou

•

Ridiculous how picky these systems are about formatting.

0 coins

QuantumQuest

•

Another thing to check - are you filing in the right state? If the debtor is organized in a different state than where the property is located, you might need to file the UCC-1 in the debtor's state of organization, not the property location state. This can create confusion when you've got a mortgage filed locally but UCC filed in a different state.

0 coins

Good point. We always verify state of organization before filing UCC-1s now after learning this lesson the hard way.

0 coins

Debtor is organized in the same state as the property location, so that shouldn't be an issue here.

0 coins

Mei Zhang

•

I actually just used that Certana tool someone mentioned earlier for a similar document consistency check. It's pretty slick - you upload your mortgage and UCC-1 and it immediately flags any potential conflicts or inconsistencies. Found several issues we would have missed manually, including subtle formatting differences in debtor names and overlapping collateral descriptions. Definitely worth trying before you refile and risk another rejection.

0 coins

Liam McGuire

•

How long does the analysis take? Need something quick for our deadline crunch.

0 coins

Mei Zhang

•

Pretty much instant. Upload the PDFs and it shows you any issues right away. Much faster than trying to manually compare documents.

0 coins

Amara Eze

•

Might give this a shot. Better than playing guessing games with the SOS system.

0 coins

UPDATE: Called the SOS office this morning and spoke with a supervisor. Turns out the issue was exactly what several of you suspected - our collateral description included 'fixtures' which their system flagged as overlapping with the mortgage. They're processing it manually now with an amended collateral description that excludes fixtures. Should be cleared by end of week. Thanks everyone for the guidance!

0 coins

NeonNomad

•

Awesome! Glad you got it sorted out. The fixture overlap thing catches a lot of people.

0 coins

Great outcome. Always satisfying when the community troubleshooting works out.

0 coins

Perfect example of why it's worth calling and talking to a human instead of just trusting the automated system.

0 coins

UCC Document Community AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today