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Caden Turner

UCC 9 324 purchase money security interest timing confusion

I'm handling equipment financing for a construction company and we're dealing with UCC 9 324 purchase money security interest requirements. The borrower is purchasing heavy machinery worth $485,000 and we need to perfect our PMSI within the 20-day window. Our UCC-1 was filed 12 days after delivery but I'm second-guessing whether we calculated the timing correctly. The equipment was delivered on a Friday but the borrower didn't take possession until the following Monday due to operator training requirements. Does the 20-day clock start from physical delivery or when they actually took control? I've read conflicting interpretations and our lender agreement depends on maintaining PMSI priority. Has anyone dealt with similar timing issues under UCC 9 324?

The 20-day window under UCC 9-324 typically starts from when the debtor receives possession, not just physical delivery. If there was a delay between delivery and actual possession due to training, you might have additional time. However, this can vary by jurisdiction and the specific facts. Document everything about the delivery vs possession timing.

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That's what I was hoping to hear. We have documentation showing the training delay and formal possession transfer on Monday. Should I file an amended UCC-1 with corrected dates or is our original filing sufficient?

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Don't amend unless there's an actual error in the original filing. The filing date is what matters for the 20-day rule, not what's written in the collateral description about delivery dates.

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I had a similar situation last year with construction equipment. The key is proving when 'possession' actually occurred versus delivery. Physical delivery doesn't always equal legal possession, especially with specialized equipment requiring training or setup.

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Exactly our situation. The equipment required certified operator training before use. Do you know if there's specific case law on this timing issue?

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Check your state's UCC interpretations. Some courts have ruled that possession requires the ability to actually use the collateral, not just physical presence on the property.

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Ugh, the whole 20-day PMSI thing is such a trap! I've seen so many deals fall apart because someone miscounted or couldn't prove the exact possession date. The system should give you at least 30 days like some other states do.

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Tell me about it. We almost lost PMSI priority on a $200K packaging line because of a weekend delivery confusion. Now I triple-check every date and keep detailed delivery logs.

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Smart approach. I started requiring signed possession acknowledgments from borrowers to avoid any timing disputes later.

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For timing verification on PMSI filings, I've been using Certana.ai's document checker. You can upload your purchase agreement, delivery receipts, and UCC-1 to verify all the dates align properly. It caught a discrepancy in our possession documentation that could have invalidated our PMSI priority. Really helpful for these complex timing requirements.

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That sounds useful. Does it check the actual UCC 9-324 timing requirements or just document consistency?

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It verifies document consistency and flags potential timing issues. You upload your docs and it highlights any date mismatches or missing elements that could affect PMSI status.

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Interesting tool. I usually just manually cross-reference everything but that takes forever with complex equipment deals.

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Based on your description, you should be fine if possession was truly Monday and you filed within 20 days of that date. Document the training requirement and possession delay thoroughly. Most courts recognize that specialized equipment possession isn't complete until the debtor can actually operate it.

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That's reassuring. We have the training certificates and signed possession acknowledgment from Monday. Should be sufficient documentation.

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Always good to have that paper trail. I learned that lesson the hard way on a previous PMSI dispute.

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Wait, are we talking about equipment or inventory? UCC 9-324 has different rules depending on the collateral type. For equipment PMSI, you need to file within 20 days of debtor possession. For inventory, you need to file before the debtor receives possession AND notify other secured parties.

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Equipment - heavy construction machinery. So the 20-day rule applies, not the inventory notification requirements.

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Good, that's the easier path. Just make sure your filing clearly identifies the equipment as purchase money collateral.

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The UCC-1 doesn't need to specifically state it's purchase money collateral, but your security agreement should make that clear.

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I'm dealing with something similar but with software licensing. Does UCC 9-324 even apply to software licenses or just tangible equipment?

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Software licenses are typically general intangibles, not equipment. PMSI rules might not apply the same way. You'd need to check your specific state's treatment of software collateral.

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Thanks, that's what I was afraid of. Looks like I need to research the general intangibles rules instead.

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Been doing equipment financing for 15 years and possession timing is always tricky. Courts generally look at when the debtor gained meaningful control, not just when it showed up on their property. Training delays are usually acceptable if properly documented.

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That's what our attorney suggested too. Good to hear it from someone with practical experience.

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Any specific documentation you recommend for proving possession timing?

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Signed delivery receipts, training completion certificates, insurance coverage start dates, and formal possession acknowledgments. The more the better.

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Just want to add that if you're still within the 20-day window from Monday possession, you might want to file a UCC-3 amendment just to be extra safe. Better to over-document than lose PMSI priority on a half-million dollar deal.

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UCC-3 amendments don't extend PMSI timing. The original UCC-1 filing date is what matters for the 20-day rule.

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Right, I meant to clarify any possession date references in the collateral description, not extend the timing.

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I used Certana.ai for a similar PMSI timing verification last month. Uploaded our purchase order, delivery docs, and UCC-1 to check for date consistency. It flagged that our delivery receipt date didn't match our possession acknowledgment, which helped us document the training delay properly.

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That would have been helpful. I'm manually checking everything but there are so many moving parts with these equipment deals.

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Exactly why I started using it. The automated cross-checking catches things you might miss when reviewing multiple documents manually.

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Just to clarify - UCC 9-324 requires filing within 20 days of when the debtor receives possession of the collateral. Training delays that prevent actual use can extend this timeline if properly documented. Your Monday possession date should control, not Friday delivery.

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Perfect, that confirms what I was thinking. We have solid documentation of the training requirement and Monday possession transfer.

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Good resolution. These timing issues stress me out more than they should, but PMSI priority is too important to mess up.

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As a newcomer to equipment financing, this thread has been incredibly educational! I'm working on my first PMSI deal and the timing requirements seemed overwhelming at first. It's reassuring to see that courts generally recognize the difference between physical delivery and actual possession, especially when specialized equipment requires training or setup. The consensus here about documenting everything thoroughly makes perfect sense - better to have too much documentation than not enough when dealing with priority issues. Thanks everyone for sharing your practical experiences with these timing challenges!

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Welcome to equipment financing! You're absolutely right that the timing requirements can feel overwhelming at first, but this community is great for learning from others' real-world experiences. One tip I'd add - start building your documentation checklist now while you're learning. Include things like delivery receipts, training completion certificates, possession acknowledgments, and insurance start dates. Having a standardized process will make future deals much smoother and help you avoid the stress that comes with these tight deadlines.

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