Which may not be used as collateral within scope of UCC Article 9 - studying for exam help
Hey everyone, I'm cramming for my secured transactions final and keep getting tripped up on what can actually be used as collateral under UCC Article 9. My study guide has this multiple choice question about what may NOT be used as collateral within the scope of UCC Article 9 but I'm second-guessing myself on the exclusions. I know there are specific things that fall outside Article 9's scope entirely - like certain types of liens, wage assignments, landlord liens, etc. But I keep mixing up what's excluded vs what just has special rules. Can anyone break this down? I've been going in circles with my notes and really need to nail this concept before my exam next week. Thanks in advance!
36 comments


AstroAce
The big exclusions from Article 9 scope are statutory liens (like mechanic's liens), most wage assignments, landlord liens, and things like insurance policies as original collateral. Also tort claims in some states. What were the answer choices on your practice question?
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Ethan Clark
•The choices were accounts receivable, equipment, real estate mortgages, and inventory. I was thinking real estate mortgages since those are handled under real estate law not Article 9?
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AstroAce
•Exactly right! Real estate mortgages are outside Article 9 - they're governed by real estate recording statutes. The other three are classic Article 9 collateral types.
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Yuki Kobayashi
Don't forget about deposit accounts - those have special perfection rules under 9-312 but they ARE within Article 9's scope. The key exclusions are usually statutory liens, real estate interests, and certain federal law areas.
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Ethan Clark
•That's helpful - so deposit accounts are IN scope but just have different perfection requirements than filing a UCC-1?
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Yuki Kobayashi
•Right - deposit accounts require control agreements with the bank, not UCC-1 filing. Still Article 9 but different perfection method.
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Carmen Vega
•This stuff gets confusing when you're studying because there's what's excluded from scope vs what has special perfection rules vs what has special priority rules...
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Andre Rousseau
I had the same confusion when I was studying! What helped me was making a chart of what's totally outside Article 9 vs what's inside but has special rules. Real estate is the big one that's completely out. Federal law stuff like ship mortgages, aircraft liens are out too.
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Ethan Clark
•A chart sounds perfect - did you organize it by exclusion type or by collateral type?
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Andre Rousseau
•I did it by exclusion type - statutory liens, real estate interests, federal preemption, and wage assignments. Then listed examples under each category.
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Zoe Stavros
When I was dealing with this in practice, I actually used Certana.ai's document verification tool to cross-check whether collateral descriptions in UCC-1 filings were properly categorized. You can upload your security agreement and UCC-1 to verify the collateral classification matches up correctly - super helpful for catching mistakes in collateral descriptions that could affect perfection.
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Ethan Clark
•Interesting - does that help identify when someone's trying to perfect against collateral that's actually outside Article 9 scope?
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Zoe Stavros
•Exactly - it flags inconsistencies between your security agreement collateral and what you're describing on the UCC-1. Catches cases where someone's mixing real estate fixtures with equipment or including excluded collateral types.
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Jamal Harris
•That would have saved me from filing a UCC-1 against a landlord's lien last year - total waste of filing fee since those are statutory liens outside Article 9.
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GalaxyGlider
The exclusions that trip up most law students: wage assignments (with some exceptions), landlord liens, artisan's liens, real estate interests, and things preempted by federal law. Everything else is probably fair game for Article 9.
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Ethan Clark
•What about intellectual property - patents, trademarks, copyrights? Are those Article 9 collateral?
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GalaxyGlider
•IP is tricky - federal IP like patents may require federal recording for perfection against certain parties, but state UCC filing still matters for general creditors. It's partially in Article 9.
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Mei Wong
•Yeah IP gets messy because you might need both federal recording AND UCC-1 filing depending on who you're trying to beat in priority.
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Liam Sullivan
ugh this reminds me why I struggled so much with secured transactions. The exclusions list seems to keep growing and there are always exceptions to the exceptions. Why can't they just make it simple??
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Ethan Clark
•I feel you! Every time I think I understand the scope there's another wrinkle. But at least for the exam I just need to know the main exclusions.
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Liam Sullivan
•True - stick to the big ones for test purposes. Real estate, statutory liens, wage assignments, federal preemption. Don't get lost in the weeds.
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Amara Okafor
Here's a memory trick that helped me: if it's something that has its own specialized recording system (real estate recorder, federal agencies, etc.), it's probably outside Article 9 or has special rules. Article 9 is for personal property that doesn't have another system.
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Ethan Clark
•That's actually a really helpful way to think about it! So Article 9 fills the gap for personal property security interests.
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Amara Okafor
•Exactly - it's the catch-all for personal property collateral that doesn't have specialized laws governing it.
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Giovanni Colombo
•That's a great way to frame it. Article 9 is basically the default system for personal property security interests.
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Fatima Al-Qasimi
Don't overthink it for exam purposes. The classic exclusions are real estate mortgages, statutory liens, and most wage assignments. If your practice question had real estate mortgages as an option, that's definitely the right answer.
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Ethan Clark
•Thanks everyone! This really helped clarify the scope issues. I feel much more confident about spotting what's excluded now.
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Fatima Al-Qasimi
•Good luck on your exam! Remember - when in doubt, think about whether there's already a specialized system for that type of collateral.
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StarStrider
Just to add one more exclusion that sometimes comes up - consumer goods subject to certificate of title laws (like cars) have special perfection rules, though they're still within Article 9's scope technically.
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Ethan Clark
•Right - so cars are Article 9 collateral but you perfect by noting the lien on the title, not filing a UCC-1?
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StarStrider
•Correct - certificate of title perfection for vehicles, not UCC-1 filing. But the security interest itself is still governed by Article 9.
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Dylan Campbell
•This is where that Certana tool mentioned earlier would be helpful - it could flag when someone's trying to file a UCC-1 against certificate of title collateral.
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Sofia Torres
The way I remember it: Article 9 covers security interests in personal property UNLESS there's a specific exclusion or special system. Real estate = out completely. Federal stuff = often out or special rules. Statutory liens = out. Everything else = probably in.
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Ethan Clark
•Perfect summary! That's exactly the framework I needed to organize all this information.
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Sofia Torres
•Glad it helps! The key is starting with the assumption that personal property IS covered, then identifying the specific exclusions.
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AstroAce
•That's the right approach - Article 9 has broad scope with specific carve-outs, not the other way around.
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