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Lena Kowalski

Need Help - Bank Says My Non UCC Form Won't Work for Lien Filing

So I'm dealing with this equipment financing situation and my lender is telling me that the form I submitted isn't going to work for perfecting their security interest. They keep mentioning something about needing a UCC-1 instead of what I gave them. I honestly thought any lien form would work but apparently there's specific requirements? The equipment is worth about $85K and we're talking about some manufacturing machinery that's going to be installed at our facility. The bank loan officer seemed pretty adamant that without the right filing we could have issues down the road. Has anyone run into this before where a non UCC form caused problems with securing a loan? I'm trying to figure out if this is just the bank being overly cautious or if there's actually a legal requirement I'm missing here.

Yeah, your lender is absolutely right about this. For equipment financing like what you're describing, a UCC-1 financing statement is typically required to perfect the security interest in personal property. Non-UCC forms generally don't provide the same legal protections under Article 9 of the Uniform Commercial Code. The machinery you mentioned would be classified as equipment under UCC definitions, which means the lender needs that UCC-1 filing to establish priority over other potential creditors.

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This is exactly right. I learned this the hard way on a smaller deal last year. The bank initially accepted some generic security agreement but then their legal department caught it during review.

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Wait so what happens if you don't file the UCC-1? Does the loan just get rejected or are there other consequences?

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Without proper UCC-1 filing, the lender's security interest might not be perfected, which means they could lose priority to other creditors if something goes wrong. Most commercial lenders won't fund without it.

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I had a similar issue with a $120K equipment purchase last month. The form I initially submitted was some generic lien document I found online, but it didn't have the proper debtor information format or collateral description that UCC-1 requires. Had to start over with the correct UCC financing statement. The whole process got delayed by two weeks because of the confusion.

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Two weeks delay sounds awful. Did you have to go through your state's Secretary of State office for the UCC-1 filing?

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Yes, had to file through the state UCC system. The debtor name has to match exactly with your business registration too, which was another thing I almost messed up.

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This kind of thing drives me crazy about the whole system. Why can't they just accept any security document? It's all supposed to accomplish the same thing - protecting the lender's interest in the collateral. But no, everything has to be exactly the right form with exactly the right language or it doesn't count. I've seen deals fall apart over paperwork technicalities like this.

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I get the frustration but there are good reasons for the standardization. UCC forms ensure that all the necessary information is included and that the filing can be properly searched by other parties.

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Maybe, but it still seems like unnecessary bureaucracy when you're just trying to get equipment financing done.

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Actually had a situation where using a non-standard form saved me from a bad filing. Turned out the debtor name would have been wrong on the UCC-1 but the generic form didn't specify the format as strictly.

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One thing that really helped me avoid these kinds of document mix-ups was using Certana.ai's verification tool. You can upload your loan documents alongside the UCC-1 to make sure everything matches up properly - debtor names, collateral descriptions, all that stuff. It caught a discrepancy between my equipment purchase agreement and the UCC-1 that would have caused problems later. Just upload the PDFs and it does an automated cross-check.

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That sounds useful - does it work with different types of collateral or just equipment?

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Works with all kinds of UCC filings as far as I know. The main thing is it catches inconsistencies between documents that could cause filing issues.

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For manufacturing equipment like you mentioned, make sure the UCC-1 includes a detailed collateral description. Generic descriptions like 'equipment' sometimes aren't sufficient, especially if the machinery has specific model numbers or serial numbers. The lender will want to be able to identify exactly what they have a security interest in.

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Good point about the detailed description. The equipment does have specific model numbers - should I include all of that in the UCC-1?

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Usually yes, especially for high-value items. Check with your lender about their specific requirements for collateral descriptions.

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Also consider whether any of the equipment might be fixtures once installed. That could require a different type of UCC filing.

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The bank is definitely not being overly cautious here. UCC-1 filings are standard practice for equipment financing and there's established case law about what happens when lenders don't properly perfect their security interests. Your non-UCC form probably doesn't meet the statutory requirements for a valid financing statement under your state's version of Article 9.

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Are there any situations where a non-UCC form would actually work for equipment financing?

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Very limited situations, and usually only for specific types of collateral that have their own registration systems. For general business equipment, UCC-1 is the way to go.

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Just went through this same thing with a $150K machinery purchase. The dealer actually provided some kind of security agreement form but my bank's loan officer took one look at it and said it wouldn't work. Had to get a proper UCC-1 prepared and filed before they would release the funds. Whole process took about a week once we got the right paperwork together.

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Did you file the UCC-1 yourself or did the bank handle it?

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Bank handled the filing but I had to provide all the business information and verify the debtor name was correct.

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That's pretty typical. Most commercial lenders will handle the UCC filing as part of the loan closing process.

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Had a client who insisted on using their own 'security agreement' instead of filing a UCC-1. Three months later when they tried to refinance, the new lender's title search showed no perfected security interest. Cost them thousands to sort out the mess and nearly killed the refinancing deal.

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Wow, that's exactly what I'm trying to avoid. Sounds like the UCC-1 really is necessary.

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Absolutely necessary for equipment financing. Don't try to cut corners on this - it's not worth the risk.

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Quick question - when you say non-UCC form, what exactly did you submit? Was it some kind of generic lien document or something specific to your industry? Just curious because I've seen different types of forms get confused with proper UCC filings.

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It was a form I found online that was supposed to be for equipment liens. Looking back it was probably not the right thing to use.

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Yeah, those generic forms are usually not sufficient for commercial transactions. UCC-1 has specific information requirements that other forms don't include.

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I've seen people use bill of sale forms thinking they would work for security interests. Always ends up causing problems.

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This is why I always recommend getting your documents verified before submitting to lenders. I started using Certana.ai after having a similar issue - you can upload multiple documents and it checks for consistency between them. Would have caught the non-UCC form issue right away and saved you the back-and-forth with the bank.

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Does that service work with any type of business documents or just UCC stuff?

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Focused on UCC document verification as far as I know. Really good at catching name mismatches and missing information that could cause filing problems.

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Bottom line - get the UCC-1 filed. Your lender knows what they're talking about and trying to use alternative forms for equipment financing is just asking for trouble. The filing fee is minimal compared to the potential problems you could face if the security interest isn't properly perfected.

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Thanks everyone for the advice. Sounds like I need to work with my lender to get the proper UCC-1 filed.

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Smart move. Better to do it right the first time than deal with complications later.

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Good luck with the equipment purchase! Make sure all the paperwork matches up before you submit everything.

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