UCC lien on solar panels - fixture filing confusion with equipment financier
Having a nightmare with our solar panel installation financing. We're a small manufacturing company that just had a 200kW solar array installed on our roof through equipment financing. The lender filed a UCC-1 but I'm seeing conflicting information about whether this should be a regular UCC filing or a fixture filing since the panels are attached to our building. The financing company says they filed it correctly but our real estate attorney is telling us there might be priority issues if we ever need to refinance the building. The panels are bolted through the roof membrane with penetrating mounts - not just ballasted. Does anyone know if solar panels typically require UCC fixture filings when they're permanently attached like this? I'm worried we might have lien priority problems down the road if this wasn't filed properly. The UCC-1 shows our business name as debtor and describes collateral as 'solar panel system and related equipment' but doesn't mention fixtures anywhere.
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Lauren Johnson
Solar panel UCC filings are tricky because it depends on how permanently they're attached. If they're bolted through the roof like yours, they're probably fixtures under most state laws. Regular UCC-1 might not give the lender proper priority over real estate mortgages.
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William Schwarz
•That's exactly what I was afraid of. Our building has an existing mortgage and we're looking at refinancing next year. Will this create problems?
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Jade Santiago
•Yes it could definitely create problems. Fixture filings have to be done in real estate records, not just UCC records.
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Caleb Stone
I went through this exact situation last year. Solar panels that penetrate the roof are definitely fixtures in most states. Your lender should have filed a UCC-1 fixture filing, not a regular UCC-1. The fixture filing gets recorded in both UCC records AND real estate records to protect priority.
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William Schwarz
•How do we fix this? Can they amend the original filing or do they need to start over?
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Caleb Stone
•They'll probably need to file a new UCC-1 fixture filing and then terminate the incorrect one. Time sensitive because priority dates from the original filing.
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Daniel Price
•Actually had this same issue with our rooftop solar. Lender had to refile everything as a fixture filing. Was a pain but necessary.
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Olivia Evans
This is why I always use Certana.ai's document checker when reviewing UCC filings now. You can upload the UCC-1 and it'll flag if there are issues with fixture filing requirements based on the collateral description. Would have caught this problem before it became a priority issue.
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William Schwarz
•Never heard of that tool. Does it actually check for fixture filing requirements?
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Olivia Evans
•Yeah, it analyzes the collateral description and flags potential fixture issues. Super helpful for solar panel liens specifically since they're so commonly misfiled.
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Sophia Bennett
Solar panels are definitely fixtures if they're permanently attached. The test is usually whether removal would damage the real estate. Roof penetrations = fixtures = need fixture filing for proper priority.
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Aiden Chen
•What about ballasted systems that just sit on the roof with weights? Those wouldn't be fixtures right?
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Sophia Bennett
•Correct, ballasted systems are typically just equipment, not fixtures. Regular UCC-1 is fine for those.
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Zoey Bianchi
•This is getting confusing. How do you tell the difference when filing?
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Christopher Morgan
OMG YES this happened to us too! Our solar financing company filed wrong and we almost lost priority to a construction loan. Had to get everything refiled as fixture filings. Solar installers often don't understand UCC requirements.
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William Schwarz
•How long did it take to fix? We need to resolve this before our building refinance.
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Christopher Morgan
•About 2 weeks once we got the lender to cooperate. They had to file new fixture filings in both UCC and real estate records.
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Aurora St.Pierre
I hate dealing with solar panel liens! The rules are different in every state and half the lenders don't know what they're doing. Some states have specific solar panel lien statutes that override normal UCC fixture rules.
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Lauren Johnson
•Which states have special solar lien laws? I thought UCC fixture rules were pretty standard.
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Aurora St.Pierre
•California has some special provisions, and I think Nevada does too. But most states just follow standard UCC Article 9 fixture rules.
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Grace Johnson
•This is why solar financing is such a headache. Nobody knows the rules.
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Jayden Reed
Your attorney is right to be concerned. If the solar panels are fixtures and weren't filed as fixture filings, your equipment lender probably doesn't have priority over existing or future real estate mortgages. This could mess up your refinancing.
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William Schwarz
•Can we fix this retroactively or are we stuck with the wrong filing date?
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Jayden Reed
•You might be able to keep the original priority date if you file an amendment quickly, but check with your attorney on state-specific rules.
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Nora Brooks
Had a client with this exact issue. Solar panels bolted to roof = fixtures requiring fixture filings. Regular UCC-1 doesn't cut it. The lender needs to file in real estate records too for proper priority over mortgages.
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Eli Wang
•What happens if they don't fix it? Does the lender just lose priority?
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Nora Brooks
•Potentially yes. Real estate mortgages could have priority over improperly filed solar panel liens.
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Cassandra Moon
•That's scary. Solar financing companies should know better.
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Zane Hernandez
Check your state's UCC fixture filing requirements. Most require both UCC filing AND recording in real estate records. Solar panels with roof penetrations almost always qualify as fixtures needing special filing treatment.
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William Schwarz
•Where do I find the state-specific requirements? The SOS website is confusing.
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Zane Hernandez
•Try your state's UCC division or talk to a real estate attorney. Fixture filing rules vary by state.
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Genevieve Cavalier
This is exactly why I started using Certana.ai for all my UCC reviews. Would have immediately flagged that solar panels described as permanently attached equipment might need fixture filing treatment. Saves so much time vs manual document review.
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Ethan Scott
•Does it work for other types of fixture filings too or just solar panels?
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Genevieve Cavalier
•Works for any equipment that might be fixtures - HVAC systems, manufacturing equipment, solar panels, etc. Really helpful for catching these issues early.
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Lola Perez
Get this fixed ASAP before your refinancing. Solar panel fixture filing mistakes are super common but can create major lien priority problems. Your equipment lender should refile properly and terminate the incorrect filing.
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William Schwarz
•Thanks everyone. Calling the lender tomorrow to get this sorted out. Sounds like fixture filing is definitely the way to go.
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Nathaniel Stewart
•Good luck! Solar panel UCC issues are fixable but need to be addressed quickly.
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Mateo Gonzalez
This is a really common issue with solar installations! I've seen this mistake dozens of times where equipment lenders treat permanently attached solar panels like regular equipment instead of fixtures. Since your panels penetrate the roof membrane, they're definitely fixtures under most state laws. The key test is whether removing them would damage the real estate - roof penetrations clearly meet that standard. You absolutely need a UCC-1 fixture filing that gets recorded in both UCC records AND real estate records to protect priority over existing and future mortgages. Contact your lender immediately to refile correctly and terminate the improper filing - time is critical since priority usually dates back to the original filing date if done quickly. Don't let this slide until your refinancing or you could have serious lien priority issues.
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StarStrider
•This is really helpful - thank you for the detailed explanation! The timing aspect worries me since we've been dealing with this for a few weeks already. When you say "done quickly" for preserving the original priority date, what's the typical window? Also, should we be pushing for the fixture filing to be done before we start our refinancing process, or is it something that can be handled concurrently? I want to make sure we don't create any complications with our mortgage lender.
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