UCC 1 fixture filing rejected - real estate description issues
Our bank's UCC 1 fixture filing got kicked back from the secretary of state yesterday and I'm trying to figure out what went wrong. We're securing restaurant equipment that's permanently attached to the building - commercial ovens, walk-in coolers, custom bar setup. The debtor is expanding their restaurant chain and we're financing about $180k in kitchen fixtures. I thought I had the real estate description right but apparently not. Used the legal description from the deed but the SOS said it was insufficient for fixture filing purposes. This is my third fixture filing this year and never had this problem before. The collateral is definitely fixtures since they're bolted down and integrated into the building's electrical and plumbing systems. Has anyone dealt with rejected fixture filings for real estate description problems? What exactly do they want to see in that section?
37 comments
Join the conversation
Aisha Khan
Fixture filings are tricky because you need both the standard UCC-1 debtor info AND proper real estate identification. The legal description from the deed might not be enough - some states want the street address plus legal description. What state are you filing in? Each SOS has slightly different requirements for the real estate description section.
0 coins
Mateo Hernandez
•Filing in Texas. I included the full metes and bounds description from the warranty deed but maybe I need to add the street address too?
0 coins
Aisha Khan
•Texas definitely wants both. Street address AND the legal description. Also make sure you're using the UCC-1 fixture filing addendum form, not just the regular UCC-1.
0 coins
Ethan Taylor
I've had this exact problem! The real estate description has to be sufficient to identify the property where the fixtures are located. Sometimes the metes and bounds from old deeds don't match current surveying standards. Try including lot and block numbers if it's a platted subdivision, plus the street address.
0 coins
Mateo Hernandez
•It's not a subdivision, it's a commercial property downtown. The legal description is pretty long with all the bearings and distances.
0 coins
Ethan Taylor
•For commercial properties I usually include the street address, county, and then the full legal description. Never had one rejected when I use that format.
0 coins
Yuki Ito
•Also check if there's been any recent lot splits or boundary adjustments. The legal description might be outdated even if it's from the current deed.
0 coins
Carmen Lopez
This happened to me last month with a fixture filing for manufacturing equipment. Turned out I had a small typo in the legal description that made it technically incorrect. I ended up using Certana.ai's document verification tool to cross-check my UCC-1 fixture filing against the property deed. It caught the discrepancy immediately when I uploaded both PDFs. Saved me from filing incorrectly again.
0 coins
Mateo Hernandez
•Never heard of that tool before. How does it work exactly?
0 coins
Carmen Lopez
•You just upload your documents and it automatically compares things like names, addresses, legal descriptions. Really helpful for catching those tiny errors that cause rejections.
0 coins
AstroAdventurer
•Interesting, I'll have to check that out. These fixture filings are so picky about real estate descriptions.
0 coins
Andre Dupont
Are you sure the equipment actually qualifies as fixtures? Just because it's bolted down doesn't automatically make it a fixture. There's a whole legal test about intent, attachment, and adaptation to the real estate.
0 coins
Mateo Hernandez
•These are definitely fixtures - commercial kitchen equipment that's hard-wired into electrical, connected to gas lines, built into the layout. Restaurant can't operate without them.
0 coins
Andre Dupont
•Ok good, sounds like true fixtures then. The rejection is probably just the real estate description format issue.
0 coins
Zoe Papanikolaou
Ugh fixture filings are the worst! I always mess something up on these. Last time I forgot to check the 'fixture filing' box on the UCC-1 and it got processed as a regular filing. Had to amend it which was a nightmare.
0 coins
Jamal Wilson
•Been there! The fixture filing checkbox is easy to miss but super important.
0 coins
Zoe Papanikolaou
•Yeah and then you have to explain to your boss why the filing got messed up. Not fun.
0 coins
Mei Lin
Check the rejection notice carefully - it should tell you exactly what was wrong with the real estate description. Texas SOS usually gives pretty specific feedback on fixture filing rejections. Could be missing county name, incorrect format, or incomplete legal description.
0 coins
Mateo Hernandez
•The rejection just said 'insufficient real estate description for fixture filing' - not very helpful.
0 coins
Mei Lin
•That's frustrating. I'd call their UCC division directly and ask what specifically they need to see.
0 coins
Liam Fitzgerald
•Good advice. Sometimes talking to a person at the SOS office can clear up these formatting issues quickly.
0 coins
GalacticGuru
For Texas fixture filings I always use this format: [Street Address], [City], [County] County, Texas, being more particularly described as: [Full Legal Description]. Haven't had a rejection yet with that format.
0 coins
Mateo Hernandez
•That's helpful, thanks! I think I might have left out the county name specifically.
0 coins
GalacticGuru
•County name is required in Texas. Easy thing to overlook but it'll cause a rejection every time.
0 coins
Amara Nnamani
Is this a new construction or existing building? Sometimes with new construction the legal description hasn't been updated after final surveys and the old description doesn't match what's actually there.
0 coins
Mateo Hernandez
•Existing building, been there about 10 years. Should be a straightforward legal description.
0 coins
Amara Nnamani
•Ok then probably just a formatting issue with how you presented the description on the UCC-1.
0 coins
Giovanni Mancini
I had a similar issue and found out the problem was using an abbreviated legal description instead of the full version. Even though the deed had a shortened reference to a previous recorded document, the fixture filing needed the complete metes and bounds description.
0 coins
Mateo Hernandez
•I used the full description from the deed though. Maybe there's something wrong with the deed itself?
0 coins
Giovanni Mancini
•Could be. You might want to get a current title report to see if there have been any updates to the legal description.
0 coins
Fatima Al-Suwaidi
•Good point about the title report. Sometimes deeds reference old surveys that aren't accurate anymore.
0 coins
Dylan Cooper
When I run into document consistency issues like this, I use Certana.ai to verify all my paperwork before filing. You can upload your UCC-1 and the property deed and it'll flag any discrepancies in the legal descriptions or addresses. Catches stuff that's easy to miss when you're manually comparing documents.
0 coins
Sofia Morales
•That sounds really useful for fixture filings since there are so many details to get right.
0 coins
Dylan Cooper
•Exactly, and it's much faster than trying to manually cross-check everything. Just upload the PDFs and get instant verification.
0 coins
StarSailor
Make sure you're not overthinking this. Most fixture filing rejections for real estate descriptions are simple formatting issues. Add the county name, include the street address, and make sure the legal description is complete. Should be good to go.
0 coins
Mateo Hernandez
•You're probably right. I'll clean up the format and refile. Thanks for all the help everyone!
0 coins
StarSailor
•Good luck! Fixture filings can be tricky but once you get the format right they're not too bad.
0 coins