Non UCC Filing Form - What Documents Do I Actually Need?

That makes sense! Some of our equipment is bolted down to concrete foundations. So this would be filed at the county recorder's office instead of the Secretary of State?

Exactly. Fixture filings go through real estate records. You'll need a UCC-1 form but it has to meet real estate recording requirements too - proper legal description of the property, sometimes notarization requirements.

I should probably call them back and clarify. The loan officer did seem a bit uncertain when explaining it to me.

Yeah definitely get clarification. I've seen loan officers mix up terminology all the time. Sometimes they call fixture filings 'non-standard UCC forms' which is technically true but confusing.

How does that work exactly? Do you just upload your loan documents and UCC forms?

Pretty much - you can upload your charter documents, loan agreements, and UCC forms and it cross-checks everything automatically. Shows you if debtor names match, if collateral descriptions align, stuff like that.

That sounds really useful. I always worry about making mistakes with the debtor name formatting requirements.

Hmm, we did have a title company involved earlier in the process. Maybe that's what they're referring to?

Title docs are totally separate from UCC filings though. If it's equipment collateral, you're definitely looking at some type of UCC filing unless it's fixtures.

This is so true. I once spent days preparing fixture filing paperwork when they actually needed a standard UCC-1 with an equipment schedule.

Yep, get it in writing too. Email them asking for specific form names and filing requirements.

Good point. Fixture determinations can be tricky - it's not just about being bolted down but also about intent and adaptation to the property.

And fixture filings have different priority rules too. Really important to get this right if you've got real estate involved.

Alternative security documents could mean personal guarantees, insurance assignments, or even chattel mortgages in some states.

Or maybe environmental compliance certificates if it's industrial equipment? Banks love their paperwork.

This is the most important advice in this thread. The type of collateral determines the filing type and location.

And get the legal descriptions right if you do need fixture filings. Those get rejected all the time for legal description errors.

That's smart. Legal description mismatches are probably the biggest cause of fixture filing rejections.

Does it work for checking against property tax records too? Sometimes those have slightly different legal descriptions.

Will do! I'm going to call them first thing Monday morning and get specific form names and requirements.

Good luck! And remember to get everything in writing so there's no confusion later.

Yeah, email follow-ups are your friend with bank requirements. Keeps everyone on the same page.

Welcome to the community! You're absolutely right about getting specific - vague terminology from lenders is probably one of the biggest sources of confusion in secured transactions. I'd also suggest documenting everything in writing once you get clarity, because requirements can sometimes change hands between different people at the bank and you want to make sure everyone's working from the same playbook. The fixture vs. equipment distinction seems to come up a lot based on this thread, so definitely worth understanding that difference for your situation too!

Thanks @Natasha Kuznetsova! That's really helpful advice about inventorying the equipment first. I hadn't thought about doing that systematic assessment before talking to the lender, but it makes total sense - if I can walk into that conversation knowing exactly which pieces are bolted down versus moveable, I'll be much better prepared to understand what they're asking for. I'm also realizing from this thread that I should probably take photos of the equipment installations too, just in case there's any question later about whether something qualifies as a fixture. The community knowledge here is amazing - I feel like I'm getting a crash course in secured transactions that I never got in business school!