UCC Document Community

One more tip - after you file the termination and get confirmation, do a follow-up UCC search in a few weeks to make sure it actually cleared from the records. I've heard of rare cases where terminations were accepted but didn't properly update the database for some reason.

Great thread everyone! Just to add one more practical tip - when you're gathering all the documents for your UCC termination, create a simple checklist to make sure you have everything: 1) Copy of original UCC-1 filing (get this from state records if needed), 2) Lender's satisfaction letter or authorization, 3) Loan payoff documentation, and 4) Completed UCC-3 termination form. Having everything organized upfront will save you time and reduce the chance of errors. Also, if you're working with an attorney on this, ask them to walk you through the process once - it's simpler than it seems and good knowledge to have for future deals.

One more thing - keep a copy of the filed UCC-3 termination for your records. Some auditors want to see proof that liens were properly released on paid-off loans. Documentation is key.

This thread has been super helpful! As someone new to handling UCC releases, I was wondering - is there a standard timeframe for how long it takes for the UCC-3 termination to show up in the public records after filing? I want to be able to tell my borrower when they can expect to see the lien released if they check online.

Have you considered that there might be multiple pieces of collateral with different classifications? Some equipment might qualify as fixtures while other pieces remain moveable. The Bank of Boston analysis might apply differently to each category of collateral.

The Bank of Boston case really highlights how critical it is to get the technical details right in these priority disputes. From what you've described, it sounds like the competing creditor may have several potential weaknesses: (1) claiming fixture status without proper fixture filing procedures, (2) possible defects in their UCC-1 filing itself, and (3) potential timing issues with their PMSI claim. I'd suggest starting with a thorough review of their actual filing - check the debtor name against charter documents, verify the collateral description is sufficient, and confirm they met all technical requirements. If they're claiming PMSI priority on fixtures, they absolutely need to have filed properly in the real estate records within the required timeframe. The fact that they only filed a regular UCC-1 but are claiming fixture priority seems like a fundamental contradiction that could invalidate their entire position.

Update us when you get the termination filed! Always curious to hear how these situations work out and whether the lender actually meets their timeline.

Pro tip from someone who's been through this multiple times - create a simple tracking spreadsheet with key dates: loan payoff date, lender's promised filing date, actual filing date, and confirmation received date. This helps you stay organized and gives you clear documentation if you need to escalate with the lender or explain delays to your new financing source. Also, if your equipment is critical to operations, consider getting a letter from your current lender stating the loan is satisfied even before the UCC-3 is filed - some new lenders will accept this as interim documentation while waiting for the public record to update.

Perfect timing on this thread. I have a similar situation coming up next month with industrial bakery equipment. The ovens are basically built into the building structure so fixture filing makes sense. Glad to see the consensus on the approach.

Just wanted to add from recent experience - when dealing with mixed collateral like this, I always recommend doing a site inspection with photos documenting exactly what equipment is permanently attached vs. what could potentially be moved. For your manufacturing facility, take pictures of the machinery foundations, electrical/plumbing connections, and any structural modifications made to accommodate the equipment. This documentation becomes invaluable if there's ever a dispute about what qualifies as fixtures vs. personal property. Also helps with insurance coverage determinations down the line. The visual evidence makes the fixture filing much more defensible if challenged.