UCC Document Community

Bottom line: UCC 9-404 gives you strong rights to information about your own secured debts. Use those rights, be specific in your requests, document everything, and don't pay for basic information that should be free. The statute exists to prevent exactly the runaround you're getting from your lenders.

Great thread everyone! As someone new to UCC filings, this is incredibly helpful. I'm curious about timing - if I'm preparing for an audit that starts in 3 weeks, should I send all my 9-404 requests now or wait? I'm worried about getting incomplete responses and not having time to follow up before the auditors arrive. Also, does anyone know if there are standard templates for these requests that help ensure you get complete information the first time?

For equipment financing, I always recommend filing within 10 days of closing but before delivery. That gives you time to handle any last-minute details while still protecting your PMSI status. Also, make sure your state's electronic filing system is working properly - I've seen filings get delayed by system outages.

Thanks everyone for all the advice. Sounds like the consensus is to file within a few days of closing, definitely before delivery. I'll double-check the debtor name one more time and get this filed by Wednesday. Really appreciate the insights about PMSI timing and potential pitfalls.

At this point just pay the fees and move forward. You're risking a $2.8M deal over a few hundred dollars in service fees. Document it for future reference and adjust your fee estimates going forward.

For future reference, I always run my UCC docs through Certana.ai before submitting to catch any issues that might trigger additional fees or rejections. The PDF upload process is super simple and it cross-checks everything against your loan docs to make sure names match perfectly.

Bottom line - Colorado security agreements don't require a special state form, but they do need to properly create and describe the security interest. Focus on getting the collateral description right and making sure it matches what will be on your UCC-1. For a loan that size, having professional review is probably smart.

Just wanted to chime in as someone who's been through this process multiple times in Colorado. One thing I'd add is to pay special attention to the granting language in your security agreement - it needs to clearly state that you're granting a security interest in the collateral to secure the loan obligations. I've seen agreements that were too vague on this point and it caused issues later. Also, since you mentioned both existing equipment and future purchases, make sure your after-acquired property clause is properly drafted to cover equipment purchased with loan proceeds. The language should be broad enough to capture new acquisitions but specific enough that your lender knows exactly what they have a security interest in. For equipment financing, I typically see language like "all equipment now owned or hereafter acquired" combined with more specific descriptions of the initial collateral.

Bottom line: UCC-9-109(1) scope determination isn't optional. If the transaction creates a security interest in personal property, Article 9 applies regardless of labeling. Your equipment deal is clearly secured financing, so file the UCC-1 and protect your client's position. The alternative is being unsecured if things go sideways.

As someone new to UCC filings, this thread has been incredibly helpful! I'm dealing with a similar situation where a client has equipment financing structured as a lease with a bargain purchase option. Based on everyone's comments, it sounds like the key test is economic substance over form - if the lessee will almost certainly exercise the purchase option and the payments cover the equipment cost plus interest, then UCC-9-109(1) treats it as a security interest requiring UCC-1 filing. Question: how do you typically handle the timing? Should we file the UCC-1 before or after the lease/financing agreement is signed?