Description
While some real estate financings involve only real property, many transactions involve UCC collateral such as fixtures, as-extracted collateral, uncut timber, deposit accounts, investment property, and ordinary personal property used to run the business. Real estate counsel must have a thorough understanding of the UCC when a financing transaction includes these types of collateral.
There are three steps necessary to create a security interest and be in a position so that it may be enforced against the debtor, other secured parties, purchasers, bankruptcy trustees, and other third parties: creation, attachment, and perfection. Critical to the creation and attachment of a security interest is the inclusion of a legally sufficient description of the collateral. Various methods (depending on the collateral) recognized under the UCC work to achieve perfection of the interest.
The UCC Opinion Report explains applicable UCC provisions regarding creation, attachment, and perfection of security interests in various collateral types most often included in real estate financing and includes representative forms of UCC opinions to cover multiple issues. The opinions and accompanying practice points provide a useful framework for UCC practice in real estate finance transactions.
Listen as our authoritative panel provides perspectives and insights into giving and reviewing opinion letters relating to UCC matters and the 2019 Opinion Report.
Presented By
Mr. Grodner's practice focuses primarily on commercial transactions, secured transactions, commercial finance, opinion letters, commercial real estate and gaming law. He has an extensive practice representing lenders in large commercial transactions, locally, regionally and nationally. He authored or co-authored articles dealing with secured transactions, commercial real estate and other business law issues, and also presented on issues concerning loan documentation, secured transactions, ethics and professionalism in the transactional context and real estate law.
Mr. Levin focuses his practice in the area of real property law, including real estate financing, leasing, purchase and sale, workouts, foreclosure and rendering third party opinion letters. Mr. Levin was named by Best Lawyers in America as the 2012 Baltimore Real Estate Lawyer of the Year, and frequently writes and lectures on real property subjects within his expertise.
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those secured by personal property, including structured financing. He is regarded as one of the foremost authorities on Article 9 of the UCC. He is a member of the Permanent Editorial Board for the UCC and a member of the American Law Institute’s UCC Article 9 Drafting Committee. Mr. Weise is also the past chair of the American Bar Association’s Business Law Section Legal Opinions Committee.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, August 7, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Types of UCC collateral often encountered in real estate financings
A. Personal property
B. Fixtures
C. As-extracted collateral, timber
D. Deposit accounts
E. Investment property
II. Requirements for establishing a security interest enforceable against third parties
A. Creation of the security agreement
B. Attachment
C. Perfection
D. Importance of collateral description
III. Guidance provided by the 2019 ABA/ACMA/ACREL/ACCFL UCC Opinion Report
The panel will review these and other relevant topics:
- What types of UCC collateral are frequently part of a real estate finance transaction?
- What terms should be included in a security agreement to ensure the creation of security interests?
- When is a blanket collateral description sufficient under the UCC, and when is it not?
- How do methods of perfection vary with the type of collateral?
- What are best practices in rendering UCC opinions according to the ABA/ACMA/ACREL/ACCFL UCC Opinion Report?
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