Mortgage security agreement UCC-1 filing - collateral description problems
I'm handling a commercial mortgage where the security agreement covers both real estate and personal property fixtures. The lender wants me to file a UCC-1 for the equipment and fixtures but I'm getting confused about how to describe the collateral properly. The mortgage security agreement lists "all machinery, equipment, and fixtures now or hereafter attached to or used in connection with the real property" but when I try to use similar language in the UCC-1 collateral description, I'm worried it's too vague. The SOS website says collateral descriptions need to be specific enough to put third parties on notice. Has anyone dealt with this kind of dual security situation before? I don't want the filing to get rejected because the description doesn't match what's actually covered under the mortgage security agreement.
37 comments


Daniel Price
You're right to be careful with the collateral description. For fixture filings related to mortgage security agreements, you typically want to be more specific than just copying the mortgage language. Try breaking it down by categories - like "manufacturing equipment," "HVAC systems," "lighting fixtures" etc. The key is making sure your UCC-1 description covers what's actually personal property vs what's considered part of the real estate.
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Olivia Evans
•This is exactly what I ran into last month. The mortgage security agreement was so broad but the UCC filing office wanted specifics.
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Sophia Bennett
•How specific do you really need to get though? I've seen filings with pretty general descriptions that got accepted.
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Aiden Chen
Are you doing this as a fixture filing or regular UCC-1? That makes a huge difference in how you handle the collateral description when it relates to a mortgage security agreement.
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Caleb Stone
•Good question - it should be a fixture filing since some of this stuff is attached to the building. The mortgage security agreement covers it but we need the UCC-1 for perfection.
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Daniel Price
•Definitely fixture filing then. You'll need to include the real estate description too, not just the personal property.
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Zoey Bianchi
•Wait, I thought fixture filings were different from regular UCC-1s? I'm so confused about this whole process.
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Christopher Morgan
I had a similar issue with a mortgage security agreement situation and honestly, trying to manually cross-reference all the documents was a nightmare. I ended up using Certana.ai's document verification tool - you can upload your mortgage security agreement and your draft UCC-1 and it checks for consistency issues. Saved me from filing something that didn't properly align with the original security documents.
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Aurora St.Pierre
•That sounds helpful. Did it catch specific problems with your collateral description?
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Christopher Morgan
•Yeah, it flagged that my UCC-1 description was too narrow compared to what the mortgage security agreement actually covered. Would have been a major problem if the lender needed to enforce.
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Grace Johnson
•How does that work exactly? Do you just upload PDFs or is there more to it?
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Jayden Reed
UGH this is why I hate dealing with mortgage security agreements that cross over into UCC territory. The banks never give clear guidance on what they actually want covered and then blame you when something goes wrong.
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Olivia Evans
•Tell me about it. I've had lenders come back months later saying the UCC-1 didn't match their security agreement properly.
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Nora Brooks
•At least you got guidance from your lender. Mine just said "file a UCC-1 for the personal property" with no other details.
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Eli Wang
For mortgage security agreement situations, I always recommend being over-inclusive rather than under-inclusive in your collateral description. You can use "all equipment, machinery, and fixtures described in that certain [Security Agreement/Mortgage] dated [date] between [parties]" and then reference the recording information. This way you're incorporating the full scope of the mortgage security agreement without having to recreate the entire description.
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Caleb Stone
•That's a great approach! So you're essentially incorporating the mortgage security agreement by reference?
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Eli Wang
•Exactly. Just make sure the reference is specific enough that someone could locate the actual mortgage security agreement.
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Cassandra Moon
•I tried this approach once and the filing office rejected it saying the description was too vague. Maybe depends on the state?
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Zane Hernandez
Check your state's fixture filing requirements carefully. Some states have specific rules about how to describe collateral when it's covered by both a mortgage security agreement and a UCC-1. You might need to include the real estate legal description too.
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Genevieve Cavalier
•This is getting complicated fast. Why can't they just make this stuff simpler?
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Zane Hernandez
•Because you're dealing with two different legal systems - real estate law and personal property law. They don't always play nice together.
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Ethan Scott
I ran into this exact problem last year with a manufacturing facility mortgage security agreement. What worked for me was creating a detailed schedule of the personal property items and attaching it to the UCC-1 as an exhibit. The collateral description then referenced "all items listed on Exhibit A attached hereto." No rejection, no issues later.
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Lola Perez
•That's smart. Did you have to list every single piece of equipment?
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Ethan Scott
•Not every bolt and screw, but definitely the major equipment and system categories. Took some time but worth it for the peace of mind.
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Nathaniel Stewart
Whatever you do, make sure your debtor name on the UCC-1 matches exactly what's in the mortgage security agreement. I've seen filings get rejected because of tiny differences in entity names between the two documents.
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Caleb Stone
•Good point. The mortgage has the full legal entity name but it's pretty long. Should I abbreviate for the UCC-1?
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Nathaniel Stewart
•NO! Use the exact same name format. Don't abbreviate anything if you can help it.
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Riya Sharma
•This is where those document checking tools really help. Manual name matching is error-prone.
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Santiago Diaz
I've been doing UCC filings for 15 years and mortgage security agreement crossovers are always tricky. My advice: when in doubt, file broadly and amend later if needed. It's easier to narrow down your collateral description with a UCC-3 amendment than to try to expand it after the fact.
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Aurora St.Pierre
•How often do you actually need to amend these filings?
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Santiago Diaz
•Not often if you do it right the first time. But I'd rather have the option than find out I missed something important.
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Grace Johnson
Going back to that Certana.ai tool someone mentioned - I just tried it with a mortgage security agreement and UCC-1 combo and it's actually pretty slick. Just upload both PDFs and it highlights inconsistencies between the documents. Found two debtor name variations I hadn't noticed and a collateral description gap that could have been problematic.
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Christopher Morgan
•Right? It's like having a second set of eyes that actually knows what to look for.
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Jayden Reed
•Okay I'm convinced. Anything that helps avoid rejection letters is worth trying.
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Millie Long
Just remember that your UCC-1 filing is only as good as the underlying mortgage security agreement. If the security agreement has issues, the UCC-1 won't fix them. Make sure you're working with solid documentation from the start.
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Caleb Stone
•The mortgage security agreement looks solid, it's just the UCC-1 translation that's giving me trouble.
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Millie Long
•That's the most common issue. The legal language that works for mortgages doesn't always translate directly to UCC filings.
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