UCC financing statement vs fixture filing - which form for warehouse equipment?

This is exactly right. I learned this the hard way on a manufacturing deal where we filed a standard UCC-1 and later discovered the equipment qualified as fixtures. Had to refile everything.

Wait, so fixture filings don't go through the SOS portal? Where do they get filed then?

So I need to file in two places? That seems like double the work and double the fees. Is there a way to do both filings simultaneously or do I need separate forms?

You use the same UCC-1 form but check the 'fixture filing' box and include the real estate description. File one copy with the county clerk in the real estate records and another with the SOS. Yes, double fees but necessary for proper perfection.

I hate these dual filing requirements. Always worried I'm going to mess up the legal description or file in the wrong county office.

That sounds really helpful. Did it check the fixture filing requirements specifically or just general document consistency?

It verified the debtor name matched across all documents and caught that my property description was missing a critical metes and bounds reference. The system specifically looks for fixture filing compliance issues.

The intention part is huge. Even equipment that's not physically attached can be considered a fixture if it's specifically designed for that building's use.

So theoretical question - what if we're not sure if something qualifies as a fixture? Better to over-file than under-file?

Absolutely. If there's any doubt about fixture status, file both a regular UCC-1 and a fixture filing. The additional cost is minimal compared to losing your security interest.

Tell me about it! I had a Harris County clerk reject my fixture filing because they said the margins were too narrow. Same form that got accepted in Dallas County the week before.

This is why many attorneys use professional filing services for fixture filings. They know each county's quirks and requirements.

Good point. The property does have existing financing. Should I be coordinating with the mortgage lender or is this something I handle independently?

Definitely coordinate. You might need a subordination agreement or the mortgage lender might need to modify their loan documents to exclude your specific equipment from their fixture coverage.

This is getting complicated. Maybe worth having a real estate attorney review the existing mortgage documents before proceeding.

Mobile equipment generally doesn't qualify as fixtures unless it's so integrated with the building systems that it can't be removed without damage. Medical equipment is usually treated as personal property.

Thanks, that makes sense. Sounds like a standard UCC-1 should be sufficient for my situation.

How much does something like that cost? My firm is always looking for ways to reduce filing errors.

I'm not sure about pricing, but the time saved from avoiding rejections and corrections made it worthwhile. Plus it gives you a detailed report showing exactly what it checked.

Yes, same 5-year rule applies. You need to file continuation statements in both locations - county records and with the SOS. Don't forget about the 6-month window before expiration.

Thanks! That's what I thought but wanted to confirm. The county clerk fees for continuations are getting ridiculous.

At least Texas allows electronic filing for continuations now. Some counties were still requiring paper filings until recently.

Smart approach. Make sure you get the legal description exactly as it appears on the deed. Even minor variations can cause indexing problems.

And seriously consider using a document verification tool before filing. For $850K in collateral, the small cost of verification is worth avoiding any mistakes.

Keep us posted on how it goes. Always good to hear about successful fixture filings since they can be tricky.