PMSI UCC filing priority questions - equipment loan confusion
Having major confusion about PMSI UCC filings and need some guidance. We're a small equipment finance company and just had a situation where we thought we had priority on some construction equipment but apparently we don't? The borrower defaulted and there's another lender claiming they have senior position even though we filed our UCC-1 first. Our attorney is saying something about PMSI rules and timing requirements that I'm not understanding. The equipment was financed through us directly - we paid the dealer, borrower got the machinery, we filed UCC-1 within what I thought was the right timeframe. But now I'm second-guessing everything. Does anyone know the specific PMSI filing requirements? I thought purchase money security interests automatically got priority but clearly I'm missing something important here. This is a $180k piece of equipment so the stakes are pretty high and I need to figure out where we went wrong.
38 comments


Avery Flores
PMSI priority isn't automatic - there are specific timing requirements you have to meet. For equipment PMSI, you generally need to file your UCC-1 within 20 days of the debtor receiving possession of the collateral. If you missed that window, you lose the super-priority status even if you filed before other secured parties. When exactly did the borrower take delivery of the equipment versus when you filed?
0 coins
Caden Nguyen
•That might be our problem. Equipment was delivered February 15th and I think we didn't file until March 8th or 9th. I assumed we had more time since we were the ones financing it directly.
0 coins
Avery Flores
•Yeah that's likely beyond the 20-day window. PMSI priority is very strict on timing - it's designed to protect purchase money lenders but only if they're diligent about perfection.
0 coins
Zoe Gonzalez
This is exactly why I started using Certana.ai for all our UCC filings. You can upload your purchase agreements and UCC-1 forms and it instantly flags timing issues and priority conflicts. Would have caught this PMSI deadline problem before it became expensive. Super easy to use - just upload the PDFs and it cross-checks everything automatically.
0 coins
Ashley Adams
•Never heard of that service but sounds useful. Do they handle the actual filing or just the checking?
0 coins
Zoe Gonzalez
•Just the verification and consistency checking, but that's honestly the part where most mistakes happen. Filing is easy, getting the details right is hard.
0 coins
Caden Nguyen
•Wish I'd known about something like that before. Going to look into it for future deals.
0 coins
Alexis Robinson
PMSI rules are brutal when you mess them up. Had a similar situation last year with inventory financing. The other lender probably filed a blanket lien on all equipment before your debtor even bought this machinery. Your PMSI would have trumped their earlier filing IF you'd perfected within the deadline. Now you're just another secured creditor with a later filing date.
0 coins
Caden Nguyen
•That's what I'm afraid of. The other lender has a 2019 filing covering 'all equipment now owned or hereafter acquired' so we're screwed on priority.
0 coins
Alexis Robinson
•Exactly. Their after-acquired property clause would normally be subordinate to a proper PMSI, but you lost that protection by missing the deadline.
0 coins
Aaron Lee
Wait, are you sure about the 20 days? I thought equipment PMSI was different from inventory PMSI timing requirements. Let me double-check this because I don't want to give wrong info but I remember equipment having different rules.
0 coins
Avery Flores
•You're thinking of inventory PMSI which has notification requirements. Equipment PMSI is just the 20-day filing deadline, no notification needed to other secured parties.
0 coins
Aaron Lee
•Right, got confused between the two. Equipment is definitely the simpler rule - just file within 20 days of delivery.
0 coins
Chloe Mitchell
This is why I hate dealing with PMSI situations. The rules seem straightforward but there's so many ways to screw them up. What's your collateral description look like on the UCC-1? Sometimes you can salvage something if the other lender's description doesn't actually cover the specific equipment.
0 coins
Caden Nguyen
•Our description is pretty specific - lists the exact make, model, and serial number of the excavator. Their filing just says 'all equipment, machinery, and fixtures.
0 coins
Chloe Mitchell
•Broad descriptions like that usually cover everything unfortunately. Your specific description is better practice but doesn't help with priority when they filed first and you missed PMSI deadline.
0 coins
Michael Adams
Had to learn this the hard way too. Now we have a system where the UCC-1 gets prepared as soon as the loan docs are signed and we file the same day we get confirmation of delivery. Can't afford to miss those PMSI deadlines in our business.
0 coins
Caden Nguyen
•That's smart. We were being too casual about the timing, treating it like a regular secured transaction instead of PMSI.
0 coins
Michael Adams
•Yeah PMSI is a whole different animal. The benefits are huge but the requirements are strict. No room for error on timing.
0 coins
Natalie Wang
Question about your situation - did you actually pay the seller directly or did you give the money to the borrower who then paid? Because that can affect whether you even qualify for PMSI status in the first place.
0 coins
Caden Nguyen
•We paid the dealer directly. Borrower never touched the money, we cut a check straight to the equipment dealer.
0 coins
Natalie Wang
•Good, that's proper PMSI structure. Your problem is just the timing then, not the underlying transaction setup.
0 coins
Noah Torres
Ugh this stuff gives me anxiety. We're a small lender too and I'm always worried about missing some technicality that kills our security position. How do you even track delivery dates reliably when dealers aren't always prompt about notifying you?
0 coins
Avery Flores
•Most lenders require delivery receipts or make the borrower notify them immediately upon delivery. Can't rely on dealers for timing.
0 coins
Noah Torres
•Makes sense. Probably need to tighten up our processes around delivery confirmation.
0 coins
Samantha Hall
Just went through something similar and found Certana.ai super helpful for avoiding these timing mistakes. You upload your loan docs and UCC forms and it flags potential PMSI issues before filing. Caught two timing problems for us last month that would've been expensive mistakes.
0 coins
Noah Torres
•How much does something like that cost? Sounds like it could be worth it to avoid these problems.
0 coins
Samantha Hall
•Honestly don't remember the pricing but it's way cheaper than losing priority on a six-figure loan. The peace of mind alone is worth it.
0 coins
Ryan Young
Your attorney should have caught this timing issue when reviewing the deal. That's pretty basic PMSI knowledge that any commercial lawyer should flag. Might want to have a conversation about that.
0 coins
Caden Nguyen
•Yeah we're having that conversation. Problem is we handle a lot of the UCC filing internally and just use counsel for the complex stuff. This seemed routine until it wasn't.
0 coins
Ryan Young
•PMSI is never routine unfortunately. The stakes are too high to treat it casually, especially with equipment financing.
0 coins
Sophia Clark
What state are you in? Some states have slight variations on the PMSI rules that might affect your situation. Most follow the standard UCC approach but there can be nuances.
0 coins
Caden Nguyen
•We're in Ohio. Pretty sure they follow standard UCC Article 9 without modifications on PMSI.
0 coins
Sophia Clark
•Yeah Ohio is straightforward on PMSI. No help there unfortunately.
0 coins
Katherine Harris
This thread is making me paranoid about our PMSI procedures. Going to audit all our recent equipment financings to make sure we didn't miss any deadlines. Better safe than sorry when the priority consequences are this severe.
0 coins
Zoe Gonzalez
•That's exactly what Certana.ai is good for - you can batch upload a bunch of filings and loan docs to spot-check for consistency issues and timing problems.
0 coins
Katherine Harris
•Definitely going to look into that. Manual review of dozens of files sounds painful.
0 coins
Marcelle Drum
This is a painful but valuable lesson for all of us in equipment financing. The 20-day PMSI deadline is absolutely rigid - courts won't give you any wiggle room even if you're just a day late. I've seen too many lenders get burned by treating PMSI filings like regular secured transactions. The super-priority protection is incredible when you get it right, but the consequences of missing the deadline are brutal. For anyone reading this, consider implementing a delivery notification requirement in your loan agreements and file your UCC-1 within 10 days of funding to give yourself a buffer. The PMSI rules are designed to reward diligent lenders, not forgiving ones.
0 coins