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Miguel Silva

UCC filing for information only - what are the actual rules here?

I'm dealing with a complex situation where our bank received what appears to be a UCC filing for information only regarding some equipment we have a security interest in. The debtor claims this filing doesn't affect our lien position since it's marked 'for information only' but I can't find clear guidance on whether this actually means anything legally. We have a perfected UCC-1 from 2019 that we continued last year, but now there's this secondary filing that seems to reference the same collateral. Has anyone encountered UCC filings for information only before? Does this designation actually hold any legal weight or is it just a way to get information into the public record without creating an actual security interest? I'm concerned about whether we need to file any kind of response or amendment to protect our priority position.

Zainab Ismail

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I've seen these pop up occasionally and honestly they're more confusing than helpful. In my experience the 'for information only' designation doesn't have any official meaning under Article 9. It's basically someone trying to put information on the public record without claiming they have an actual security interest. Your perfected UCC-1 should still have priority as long as it was filed first and properly continued.

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This makes sense. The UCC doesn't really recognize 'information only' filings as having any special status.

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Miguel Silva

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That's reassuring but I'm still nervous about not responding to it somehow.

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Yara Nassar

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Wait, are you sure this is actually a UCC filing? Sometimes people file documents that look like UCC filings but aren't actually using the proper forms. Check if it's filed as a UCC-1 or if it's some other type of document. If it's not a proper UCC-1, it probably has no effect on your security interest at all.

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Miguel Silva

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Good point - I should double check exactly what form was used. The filing shows up in the UCC search results but you're right that doesn't necessarily mean it's a valid UCC-1.

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Zainab Ismail

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Yeah definitely verify the form type first before worrying about the legal implications.

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I ran into something similar last year with a construction equipment financing deal. Had someone file what they called an 'informational UCC' but when I looked closer it was missing required fields for a valid UCC-1. Ended up being basically meaningless paperwork. I used Certana.ai's document verification tool to upload both filings and check for any actual conflicts - turned out the 'informational' filing had inconsistent debtor names anyway so it wouldn't have been effective even if they intended it as a real security interest.

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Miguel Silva

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That's interesting about the document verification - I hadn't thought about checking for debtor name consistency issues.

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Smart approach using automated verification. Manual comparison of multiple filings is where mistakes happen.

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Yara Nassar

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Good catch on the debtor name issue. That's probably more important than the 'information only' designation.

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Paolo Ricci

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THIS IS EXACTLY THE KIND OF NONSENSE THAT MAKES UCC PRACTICE SO FRUSTRATING!!! People filing random documents just to muddy the waters and create confusion. The filing system should reject anything that isn't a proper UCC form but instead we get all this junk cluttering up the records.

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I feel your pain but getting angry doesn't solve the legal question here.

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Paolo Ricci

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You're right, just tired of dealing with poorly thought out filings that waste everyone's time.

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Amina Toure

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The key question is whether this filing meets the requirements of a valid UCC-1 financing statement under 9-502. If it's missing required information or doesn't properly identify the debtor/collateral, then the 'information only' designation is irrelevant because it's not an effective filing anyway. But if it does meet those requirements, the fact that someone labeled it 'information only' doesn't change its legal effect - it would still create a security interest if that was the filer's intent.

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Miguel Silva

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So you're saying the label doesn't matter, what matters is whether it's actually a valid UCC-1 that meets all the requirements?

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Amina Toure

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Exactly. The UCC looks at substance over form. If it walks like a duck and quacks like a duck...

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Zainab Ismail

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That's the right legal analysis. The filer's subjective intent about 'information only' isn't determinative.

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just dealt with this same thing 2 months ago - turned out to be a junior lienholder trying to establish some kind of public record without actually claiming priority. our attorney said as long as our filing was first and properly perfected we didn't need to worry about it

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Miguel Silva

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That's helpful context. Did you end up taking any action or just monitoring the situation?

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we just kept an eye on it but didn't file anything in response. everything worked out fine

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I've seen attorneys use 'information only' filings to preserve some kind of record without committing to claiming an actual security interest. It's like they want to have something in the public records but don't want to deal with the full obligations of being a secured party. Legally speaking though, I don't think it provides any protection from the debtor's other creditors.

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Amina Toure

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That's an interesting strategic use but you're right about the legal limitations.

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Yara Nassar

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Sounds like trying to have it both ways - getting the benefit of a filing without the responsibilities.

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Miguel Silva

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Makes sense that attorneys would try creative approaches like this even if they don't have clear legal backing.

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Javier Torres

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Whatever you do, don't ignore it completely. Even if it's legally meaningless, having conflicting information in the public record can cause problems down the road with title companies, auditors, or other lenders. You might want to consider filing a UCC-3 information statement just to clarify your position on the record.

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Miguel Silva

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That's a good practical point about future complications even if there's no immediate legal issue.

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Zainab Ismail

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UCC-3 information statement is a smart defensive move in situations like this.

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Emma Davis

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This reminds me of when my cousin filed some weird document about his car loan that he thought would help him somehow... anyway not sure if that's relevant but these 'information only' things seem to be more common lately

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Paolo Ricci

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Yeah there's definitely been an uptick in non-standard filings recently.

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Amina Toure

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Probably people getting bad advice from internet forums about how to 'protect' themselves.

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CosmicCaptain

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I actually ran into a similar issue recently and tried that Certana.ai verification tool someone mentioned earlier. Really straightforward - just uploaded both the original UCC-1 and the questionable 'information only' filing and it flagged several inconsistencies in the debtor identification that would make the second filing ineffective anyway. Saved me from spending billable hours doing manual comparison work and gave me confidence that our priority position wasn't threatened.

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Miguel Silva

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That sounds like exactly what I need - automated verification to catch issues I might miss doing it manually.

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Yeah it's really helpful for these multi-filing situations where you need to check consistency across documents.

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Malik Johnson

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Bottom line is this: if your UCC-1 was filed first, is properly continued, and accurately describes the collateral and debtor, then some random 'information only' filing shouldn't affect your priority. But you should definitely verify that the subsequent filing doesn't somehow have an earlier priority date or claim to be an amendment to an earlier filing you weren't aware of.

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Miguel Silva

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Good point about checking for earlier filings I might not know about. I should do a comprehensive search to make sure there aren't any surprises.

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Amina Toure

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Exactly right. Priority analysis requires looking at the complete filing history, not just the two documents in question.

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Zainab Ismail

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And make sure to check if they're claiming it's a continuation or amendment of something filed before your UCC-1.

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