Written by attorneys · grounded in primary & secondary sources — see below
A filing of a financing statement covering goods that are or are to become fixtures and satisfying the requirements of Section 9-502(a) and (b). The filing occurs in the real property records of the office where a mortgage on the related real estate would be filed or recorded.
Sources & Authorities
How it applies
Common Examples
2
Timely Fixture Filing After Installation
Frontier Capital financed specialized manufacturing equipment for Felix Franco's factory. Frontier Capital filed a financing statement as a fixture filing in the county real property records twenty days after the equipment was bolted into the concrete floor and connected to the building's utilities. When a subsequent mortgagee later claimed the equipment as part of the realty, Frontier Capital's filing preserved its priority under the applicable timing rule.
Fixture Filing Before Mortgage Recording
Ferrum Metals supplied and financed custom assembly line components for Finn Fletcher's warehouse. Ferrum Metals filed a financing statement as a fixture filing in the county real property records before the warehouse owner recorded a new mortgage on the property. When the mortgagee later asserted an interest in the installed components, Ferrum Metals' earlier fixture filing established its priority over the mortgage.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Common questions
Frequently Asked
4
Where must a fixture filing be made?+
A fixture filing must be made in the real property records of the office where a mortgage on the related real estate would be filed or recorded.
Supporting sources
What additional information does a fixture filing require compared to an ordinary financing statement?+
A fixture filing must indicate that it covers fixtures, state that it is to be filed in the real property records, provide a description of the real property, and name the record owner of the real property if different from the debtor.
Supporting sources
Does a central-office UCC filing perfect a security interest against real property claimants when goods become fixtures?+
A central-office filing perfects the security interest against most personal property claimants but provides no protection against owners or encumbrancers of the real property. A fixture filing in the real property records is required to gain priority over those real estate interests.
Supporting sources
When does a purchase-money security interest in fixtures gain priority over a prior real estate encumbrance?+
The purchase-money security interest gains priority if it is perfected by a fixture filing before the goods become fixtures or within twenty days thereafter, provided the encumbrancer's interest arose before the goods became fixtures.
Supporting sources
Real PropertyMortgages and foreclosure · Mortgages and deeds of trustNEXTGENFoundational