Section 9--330. Priority of Purchaser of Chattel Paper or Instrument  


Latest version.
  • (a) Purchaser's   priority:   security   interest  claimed  merely  as
      proceeds.  A purchaser of chattel paper has  priority  over  a  security
      interest  in  the  chattel  paper which is claimed merely as proceeds of
      inventory subject to a security interest if:
             (1) in good faith and in the ordinary course of  the  purchaser's
                 business,  the purchaser gives new value and takes possession
                 of the chattel paper or obtains control of the chattel  paper
                 under Section 9--105; and
             (2) the chattel paper does not indicate that it has been assigned
                 to an identified assignee other than the purchaser.
        (b) Purchaser's  priority:  other  security  interests. A purchaser of
      chattel paper has priority over a security interest in the chattel paper
      which is claimed other than merely as proceeds of inventory subject to a
      security interest if the purchaser gives new value and takes  possession
      of  the  chattel  paper  or  obtains  control of the chattel paper under
      Section 9--105 in good faith, in the ordinary course of the  purchaser's
      business, and without knowledge that the purchase violates the rights of
      the secured party.
        (c) Chattel   paper   purchaser's  priority  in  proceeds.  Except  as
      otherwise provided in Section 9--327, a  purchaser  having  priority  in
      chattel  paper under subsection (a) or (b) also has priority in proceeds
      of the chattel paper to the extent that:
             (1) Section 9--322 provides for priority in the proceeds; or
             (2) the proceeds consist of the specific  goods  covered  by  the
                 chattel paper or cash proceeds of the specific goods, even if
                 the   purchaser's   security  interest  in  the  proceeds  is
                 unperfected.
        (d) Instrument purchaser's priority. Except as otherwise  provided  in
      Section  9--331(a),  a  purchaser  of  an instrument has priority over a
      security interest in the instrument perfected by  a  method  other  than
      possession  if  the  purchaser  gives  value and takes possession of the
      instrument in  good  faith  and  without  knowledge  that  the  purchase
      violates the rights of the secured party.
        (e) Holder  of  purchase-money  security interest gives new value. For
      purposes of subsections (a) and (b),  the  holder  of  a  purchase-money
      security  interest  in  inventory  gives  new  value  for  chattel paper
      constituting proceeds of the inventory.
        (f) Indication  of  assignment  gives  knowledge.  For   purposes   of
      subsections  (b)  and  (d),  if chattel paper or an instrument indicates
      that it has been assigned to an identified secured party other than  the
      purchaser,  a purchaser of the chattel paper or instrument has knowledge
      that the purchase violates the rights of the secured party.