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LilMama23

UCC 9 311 fixture filing requirements - need help with real estate description

Running into issues with a UCC 9 311 fixture filing and wondering if anyone has dealt with similar problems. We're securing HVAC equipment installed in a commercial building and the secretary of state rejected our initial filing saying the real estate description wasn't sufficient. The equipment is permanently attached heating and cooling units worth about $180k. We included the street address but apparently that's not enough for UCC 9 311 compliance. The debtor is properly named and matches our security agreement exactly, but we're stuck on the real estate description requirements. Has anyone successfully filed fixture filings under UCC 9 311? What level of detail do you need for the real estate description to get it accepted?

UCC 9 311 fixture filings are tricky because they have to meet both UCC requirements AND real estate recording standards. Street address alone usually isn't enough - you typically need the legal description from the deed or tax records. The filing has to be indexed in the real estate records, not just the UCC records.

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This is exactly right. I learned this the hard way on a restaurant equipment deal. Had to refile with the full metes and bounds description.

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Wait so fixture filings go in real estate records? I thought all UCC filings went to the same place

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You need to check your state's specific requirements but generally for UCC 9 311 the real estate description has to be sufficient to put third parties on notice. That usually means legal description, not just street address. Also make sure you're filing in the right office - some states require fixture filings in the real estate records office, not just the UCC filing office.

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Our state requires both - UCC filing office AND real estate records. Double filing requirement is a pain but necessary for perfection.

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That sounds like a lot of extra work. Why can't they just use one system?

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Because fixtures are both personal property (UCC) and related to real estate. The dual filing protects against both types of creditors.

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I had similar issues with HVAC equipment filings last year. What worked for me was getting the legal description directly from the county assessor's records. You can usually find it online or call the assessor's office. For UCC 9 311 compliance, you want the exact legal description that appears on the deed. Also double-check that your equipment actually qualifies as fixtures - permanently attached usually means bolted down or hard-wired, not just plugged in.

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Good point about the fixture qualification. We had a deal where portable equipment got rejected because it wasn't actually attached to the building.

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How do you prove it's permanently attached? Do you need photos or installation documentation?

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The security agreement should describe the attachment method. Installation contracts help too but usually not required for the UCC filing itself.

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Been dealing with fixture filings for 15 years and UCC 9 311 still trips people up. The key thing is the real estate description has to be sufficient to identify the property in the real estate records. Street address works in some states but most want the full legal description. Call the filing office and ask what they accept - they usually have examples or a checklist.

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That's great advice. I never thought to just call and ask for examples.

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Some filing offices are really helpful, others not so much. Hit or miss depending on who answers the phone.

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I actually found a tool that helps with this exact problem. Certana.ai has a document verification system where you can upload your fixture filing and it cross-checks everything against UCC 9 311 requirements. I used it after getting rejections on two different filings and it caught issues I would have missed. You just upload the PDF and it verifies the real estate description format, debtor name consistency, and other requirements. Saved me from another round of rejections.

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Interesting, I hadn't heard of that. Does it work for all states or just certain ones?

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How does it know the specific requirements for each state's fixture filing rules?

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It covers all states and seems to know the variations. I used it for a Texas filing and it flagged that our property description needed the survey information, which Texas specifically requires.

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UCC 9 311 is such a pain compared to regular UCC-1 filings. The real estate description requirement makes it so much more complicated. I usually just pay a title company to give me the legal description rather than trying to figure it out myself.

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That's probably the safest approach. Title companies deal with legal descriptions all day so they know what works.

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How much do title companies usually charge for just the legal description?

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Usually around $50-100 in my experience. Worth it to avoid rejection hassles.

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Make sure you're also checking the fixture filing deadlines. UCC 9 311 has different timing rules than regular UCC-1 filings. If the equipment is already installed, you might have missed the window for certain types of priority.

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What's the deadline for fixture filings? I thought you had the same time as regular UCC filings.

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It depends on when the goods become fixtures. Usually you want to file before or very shortly after installation to get priority over real estate mortgagees.

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Also worth noting that UCC 9 311 filings have to indicate that they're fixture filings on the form itself. There's usually a checkbox or specific notation required. I've seen filings get rejected because they didn't properly indicate fixture filing status even when everything else was correct.

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Yes! The form has to clearly show it's a fixture filing. Some states have separate fixture filing forms, others use the regular UCC-1 with special boxes checked.

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This is why I hate fixture filings. So many extra requirements compared to regular UCC-1s.

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The extra complexity is because you're dealing with real estate law and UCC law at the same time. Both have to be satisfied.

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UPDATE: Got it resolved! Used the county assessor's online records to get the full legal description and refiled. Accepted without issues this time. Thanks everyone for the help with UCC 9 311 requirements. The legal description made all the difference.

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Glad it worked out! County assessor records are usually the most reliable source for legal descriptions.

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Great outcome. Always satisfying when a fixture filing finally goes through after rejections.

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For future reference, I've had good luck with Certana.ai's document checker for fixture filings too. After my third UCC 9 311 rejection last month, I uploaded my filing documents and it immediately flagged that I was missing the required real estate description format for my state. Would have saved me weeks if I'd used it from the start. Just upload your PDFs and it verifies everything against the specific requirements.

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That sounds really useful for complex filings like fixtures. Regular UCC-1s are straightforward but UCC 9 311 has so many state-specific quirks.

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I might try that for my next fixture filing. Getting rejections is so frustrating when you're trying to meet a deadline.

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