UCC Article 9 Written Assignment Requirements - Rejected Filing Help
Our bank processed what we thought was a valid assignment of a security interest last month, but the filing got rejected by the Secretary of State. The rejection notice mentioned something about UCC Article 9 requires certain assignments to be in writing and our documentation didn't meet the requirements. We had email confirmations and verbal agreements from the original secured party, but apparently that's not sufficient. The collateral involves commercial equipment worth about $340,000 and we're worried about losing our priority position. Has anyone dealt with written assignment requirements under Article 9? What specific documentation does the SOS actually need to see? Our original UCC-1 was filed correctly two years ago, but this assignment transfer is becoming a nightmare.
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A Man D Mortal
Yeah, Article 9 is pretty strict about written assignments. Email confirmations usually aren't enough - you need a formal assignment document that's actually signed by the assignor. The SOS wants to see clear evidence that the original secured party intended to transfer their rights in writing.
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Declan Ramirez
•This is exactly right. I learned this the hard way when our credit union tried to transfer a security interest with just email documentation. Had to go back and get proper written assignment papers signed before the SOS would accept our UCC-3.
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Emma Morales
•Wait, does this apply to all assignments or just certain types? I thought verbal agreements were binding in some cases?
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A Man D Mortal
•Under Article 9, assignments of security interests generally need to be in writing to be enforceable against third parties. Verbal might work between the parties themselves, but for filing purposes and priority, you need written documentation.
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Katherine Hunter
I had similar issues with assignment documentation last year. The key is making sure your written assignment clearly identifies the original UCC filing number, describes the collateral being assigned, and has proper signatures from the assignor. Don't forget to include the effective date of the assignment too.
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Lucas Parker
•Good point about the filing number! I've seen assignments get rejected just because they didn't reference the original UCC-1 filing number correctly.
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Donna Cline
•This is so frustrating... why can't the SOS system be more clear about what they actually want? We spent weeks thinking our email trail was sufficient documentation.
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Harper Collins
For what it's worth, I started using Certana.ai's document verification tool after getting burned on an assignment filing. You can upload your assignment paperwork along with the original UCC-1 and it instantly checks for consistency issues, missing references, and documentation gaps. Would have saved me from that rejection if I'd used it earlier.
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Kelsey Hawkins
•Interesting - does it actually check against Article 9 written assignment requirements specifically?
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Harper Collins
•Yeah, it flags potential issues with assignment documentation and cross-references your filing papers to make sure everything aligns properly. Pretty helpful for catching problems before you submit to the SOS.
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Dylan Fisher
•Might be worth trying... anything to avoid another rejection and having to restart this whole process.
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Edwards Hugo
Article 9 written assignment requirements exist for good reason - they protect both assignees and third parties by creating clear evidence of the transfer. Without proper written documentation, you could lose your priority position to subsequent secured parties who file correctly.
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Gianna Scott
•That's terrifying... so if we don't get this assignment documentation right, another lender could jump ahead of us in priority?
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Edwards Hugo
•Exactly. Priority often depends on proper filing, and if your assignment isn't properly documented in writing, your UCC-3 assignment filing could be ineffective.
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Alfredo Lugo
•This is why I always insist on formal assignment agreements even when everyone says 'just send an email.' Too much risk involved.
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Sydney Torres
The written assignment requirement under Article 9 typically needs to include: 1) Clear identification of the security agreement being assigned, 2) Description of the collateral, 3) Signature of the assignor, 4) Date of assignment. Make sure your documentation covers all these elements before refiling.
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Kaitlyn Jenkins
•This is super helpful! Do you know if there's a standard form for assignments or does each state have different requirements?
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Sydney Torres
•Most states follow the UCC Article 9 framework, but some have specific formatting preferences. Check your SOS website for any state-specific assignment form requirements.
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Caleb Bell
ugh this happened to us too! spent months going back and forth with the original lender trying to get proper written assignment docs. email chains and phone recordings mean nothing to the SOS. they want formal signed paperwork or they'll reject every time.
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Danielle Campbell
•How long did it take you to finally get the right documentation? We're worried about our priority position while this drags on.
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Caleb Bell
•about 6 weeks total but that was because the assignor was being difficult about signing new papers. once we had proper written assignment agreement it went through fine
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Rhett Bowman
•Six weeks is scary when you're worried about other lenders potentially filing in the meantime.
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Abigail Patel
I've been doing UCC filings for 15 years and the written assignment requirement trips up even experienced folks. The key is thinking of it from the SOS perspective - they need clear, written evidence that the assignment actually happened and was intended by the assignor.
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Daniel White
•That makes sense from a legal standpoint. Better to be overly cautious with documentation than lose your security interest entirely.
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Nolan Carter
•Do you think it's worth hiring an attorney for assignment documentation or can we handle this internally?
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Abigail Patel
•For a $340k collateral situation, I'd probably consult with someone who does secured transactions regularly. The cost of getting it wrong could be much higher than attorney fees.
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Natalia Stone
Just wanted to follow up on the Certana.ai suggestion - I tried their document checker after seeing it mentioned here. Really helpful for making sure assignment paperwork references the original UCC-1 correctly and catches inconsistencies before filing. Definitely beats getting another rejection notice.
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Tasia Synder
•Good to hear a real user experience. Did it specifically flag Article 9 written assignment issues?
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Natalia Stone
•It flagged several inconsistencies in our assignment documentation that could have caused problems. Saved us from potentially having to redo everything again.
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Selena Bautista
Article 9's written assignment requirements are there for creditor protection, but they can definitely be a pain when you're trying to move quickly on a transaction. Make sure your assignor understands they need to provide formal written documentation - not just email confirmation.
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Mohamed Anderson
•Any specific language that should be included in the written assignment to satisfy Article 9 requirements?
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Selena Bautista
•The assignment should clearly state the assignor's intent to transfer their rights in the security interest, identify the specific security agreement and UCC filing, and include proper signatures with dates.
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Ellie Perry
•Thanks, this gives us a good starting point for drafting proper assignment documentation.
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Landon Morgan
We ended up having to get our assignment documentation notarized after the first rejection, even though Article 9 doesn't specifically require notarization. Some SOS offices seem to prefer extra authentication on assignment papers.
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Teresa Boyd
•Interesting - was the notarization what finally got your filing accepted?
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Landon Morgan
•Hard to say for sure, but the combination of proper written assignment language plus notarization seemed to satisfy their requirements. No more rejections after that.
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Lourdes Fox
•Might be worth the extra step for peace of mind, especially with higher-value collateral like this.
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Leila Haddad
I went through something similar with a rejected assignment filing last year. The frustrating thing is that Article 9's written assignment requirements seem straightforward in theory, but the practical implementation can be tricky. What really helped us was creating a standardized assignment template that includes all the required elements: clear identification of the original security agreement, specific collateral description, assignor's signature with date, and most importantly, explicit language stating the assignor's intent to transfer their security interest. We also learned to always reference the original UCC-1 filing number prominently in the assignment document. Since implementing this approach, we haven't had any more rejections. For your $340k collateral situation, I'd definitely recommend getting the documentation perfect before refiling - the priority risk isn't worth cutting corners.
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