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?
35 comments


Dmitri Volkov
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.
0 coins
Gabrielle Dubois
•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.
0 coins
Tyrone Johnson
•Wait so fixture filings go in real estate records? I thought all UCC filings went to the same place
0 coins
Ingrid Larsson
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.
0 coins
Carlos Mendoza
•Our state requires both - UCC filing office AND real estate records. Double filing requirement is a pain but necessary for perfection.
0 coins
Zainab Mahmoud
•That sounds like a lot of extra work. Why can't they just use one system?
0 coins
Ava Williams
•Because fixtures are both personal property (UCC) and related to real estate. The dual filing protects against both types of creditors.
0 coins
Raj Gupta
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.
0 coins
Lena Müller
•Good point about the fixture qualification. We had a deal where portable equipment got rejected because it wasn't actually attached to the building.
0 coins
TechNinja
•How do you prove it's permanently attached? Do you need photos or installation documentation?
0 coins
Keisha Thompson
•The security agreement should describe the attachment method. Installation contracts help too but usually not required for the UCC filing itself.
0 coins
Paolo Bianchi
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.
0 coins
Yara Assad
•That's great advice. I never thought to just call and ask for examples.
0 coins
Olivia Clark
•Some filing offices are really helpful, others not so much. Hit or miss depending on who answers the phone.
0 coins
Javier Morales
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.
0 coins
Natasha Petrov
•Interesting, I hadn't heard of that. Does it work for all states or just certain ones?
0 coins
Connor O'Brien
•How does it know the specific requirements for each state's fixture filing rules?
0 coins
Javier Morales
•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.
0 coins
Amina Diallo
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.
0 coins
GamerGirl99
•That's probably the safest approach. Title companies deal with legal descriptions all day so they know what works.
0 coins
Hiroshi Nakamura
•How much do title companies usually charge for just the legal description?
0 coins
Isabella Costa
•Usually around $50-100 in my experience. Worth it to avoid rejection hassles.
0 coins
Malik Jenkins
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.
0 coins
Freya Andersen
•What's the deadline for fixture filings? I thought you had the same time as regular UCC filings.
0 coins
Eduardo Silva
•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.
0 coins
Leila Haddad
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.
0 coins
Emma Johnson
•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.
0 coins
Ravi Patel
•This is why I hate fixture filings. So many extra requirements compared to regular UCC-1s.
0 coins
Astrid Bergström
•The extra complexity is because you're dealing with real estate law and UCC law at the same time. Both have to be satisfied.
0 coins
PixelPrincess
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.
0 coins
Omar Farouk
•Glad it worked out! County assessor records are usually the most reliable source for legal descriptions.
0 coins
Chloe Martin
•Great outcome. Always satisfying when a fixture filing finally goes through after rejections.
0 coins
Diego Fernández
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.
0 coins
Anastasia Kuznetsov
•That sounds really useful for complex filings like fixtures. Regular UCC-1s are straightforward but UCC 9 311 has so many state-specific quirks.
0 coins
Sean Fitzgerald
•I might try that for my next fixture filing. Getting rejections is so frustrating when you're trying to meet a deadline.
0 coins