UCC Fixture Filing Search

Definition

"If you turn the building upside down and the property doesn't fall out, it's probably a fixture."

 

-Law Student

In general, there are two types of property that are involved in financial transactions:  real property and personal property.  Real property includes land, buildings, etc., while personal property includes most things other than real property, such as equipment, accounts etc.  Fixtures are a type of collateral that has elements of both real property and personal property. 

For example, a factory built upon a piece of real estate is considered real property.  A large, two-ton piece of manufacturing equipment, sitting in a separate warehouse that is hundreds of miles away, is considered personal property.  However, if the manufacturing equipment is subsequently loaded onto a truck, driven to the building, and installed in on the floor of the factory, it then becomes a “fixture”. 

When a transaction involves personal property that is or is intended to become a fixture, the secured party will likely file a fixture filing.  A fixture filing is a type of financing statement that is filed pursuant to Article 9 of the UCC using a standard UCC-1 financing statement form. It follows all of the same rules as a regular UCC-1 filing, but also requires some additional information regarding the real estate that is involved.  However, it is not controlled by the real property laws, and it is not subject to the same legal standards and recording requirements as mortgages, deeds of trust, or other real property filings.