CHAPTER 12.02. Mortgage as a Fixture Filing

• Jurisdiction: United States

12.02. Mortgage as a Fixture Filing

A mortgage may serve as fixture filing if certain statutory requirements are met.² These requirements include that such mortgage must:

• provide the name of the debtor,³
• provide the name of the secured party or a representative of the secured party,⁴
• indicate that it covers fixtures,⁵
• provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage,⁶
• provide the name of the record owner if the debtor does not have an interest of record in the real property,⁷
• indicate the goods or accounts that it covers,⁸
• indicate that the goods are or are to become fixtures related to the real prop-erty,⁹ and
• be duly recorded.¹⁰

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Notes:

^[2] 6 Del. C. § 9-502(c). But a record of a mortgage is not itself a financing statement. 6 Del. C. § 9-502(c).

^[3] While the requirements for a mortgage would satisfy this requirement (see supra Section 6.01), see also 6 Del. C. § 9-502(a)(1).

^[4] While the requirements for a mortgage would satisfy this requirement (see supra Section 6.01), see also 6 Del. C. § 9-502(a)(2).

^[5] While the requirements for a mortgage would satisfy this requirement (see supra Section 6.01), see also 6 Del. C. §§ 9-502(a)(3), 9-502(b)(1), 9-502(c)(2).

^[6] While the requirements for a mortgage would satisfy this requirement (see supra Section 6.01), see also 6 Del. C. § 9-502(b)(3).

^[7] While the requirements for a mortgage would satisfy this requirement (see supra Section 6.01), see also 6 Del. C. § 9-502(b)(4).

^[8] 6 Del. C. § 9-502(c)(1).

^[9] 6 Del. C. § 9-502(c)(2).

^[10] 6 Del. C. § 9-502(c)(4).