Section 9--317. Interests That Take Priority over or Take Free of Security Interest or Agricultural Lien  


Latest version.
  • (a) Conflicting security interests and rights  of  lien  creditors.  A
      security interest or agricultural lien is subordinate to the rights of:
             (1) a person entitled to priority under Section 9--322; and
             (2) except as otherwise provided in subsection (e), a person that
                 becomes a lien creditor before the earlier of the time:
                 (A) the  security interest or agricultural lien is perfected;
                     or
                 (B) one of the conditions specified in  Section  9--203(b)(3)
                     is  met and a financing statement covering the collateral
                     is filed.
        (b) Buyers that receive delivery.  Except  as  otherwise  provided  in
      subsection (e), a buyer, other than a secured party, of tangible chattel
      paper,  documents,  goods,  instruments, or a security certificate takes
      free of a security interest or agricultural  lien  if  the  buyer  gives
      value  and  receives delivery of the collateral without knowledge of the
      security interest or agricultural lien and before it is perfected.
        (c) Lessees that receive delivery. Except  as  otherwise  provided  in
      subsection  (e),  a lessee of goods takes free of a security interest or
      agricultural lien if the lessee gives value and receives delivery of the
      collateral without knowledge of the security  interest  or  agricultural
      lien and before it is perfected.
        (d) Licensees  and  buyers  of  certain  collateral.  A  licensee of a
      general intangible or a buyer, other than a secured party, of  accounts,
      electronic  chattel  paper,  general intangibles, or investment property
      other than a certificated security takes free of a security interest  if
      the  licensee  or  buyer  gives  value without knowledge of the security
      interest and before it is perfected.
        (e) Purchase-money security interest. Except as otherwise provided  in
      Sections 9--320 and 9--321, if a person files a financing statement with
      respect  to  a purchase-money security interest before or within 20 days
      after the debtor receives  delivery  of  the  collateral,  the  security
      interest  takes  priority  over  the  rights of a buyer, lessee, or lien
      creditor which arise between the time the security interest attaches and
      the time of filing. The preceding sentence does not apply to cooperative
      interests.