| the 20-day period). Bank's security interest would be vulnerable | to any interests arising during the gap period which under | Section 9-317 [Maine cite section 9-1317] take priority over an | unperfected security interest. |
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| | 5. Supporting Obligations. Subsection (d) [Maine cite | subsection (4)] is new. It provides for automatic perfection of | a security interest in a supporting obligation for collateral if | the security interest in the collateral is perfected. This is | unlikely to effect any change in the law prior to adoption of | this Article. |
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| | Example 2: Buyer is obligated to pay Debtor for goods sold. | Buyer's president guarantees the obligation. Debtor creates a | security interest in the right to payment (account) in favor of | Lender. Under Section 9-203(f) [Maine cite section 9-1203, | subsection (6)], the security interest attaches to Debtor's | rights under the guarantee (supporting obligation). Under | subsection (d) [Maine cite subsection (4)], perfection of the | security interest in the account constitutes perfection of the | security interest in Debtor's rights under the guarantee. |
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| | 6. Rights to Payment Secured by Lien. Subsection (e) [Maine | cite subsection (5)] is new. It deals with the situation in | which a security interest is created in a right to payment that | is secured by a security interest, mortgage, or other lien. |
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| | Example 3: Owner gives to Mortgagee a mortgage on Blackacre | to secure a loan. Owner's obligation to pay is evidenced by a | promissory note. In need of working capital, Mortgagee borrows | from Financer and creates a security interest in the note in | favor of Financer. Section 9-203(g) [Maine cite section 9-1203, | subsection (7)] adopts the traditional view that the mortgage | follows the note; i.e., the transferee of the note acquires the | mortgage, as well. This subsection adopts a similar principle: | perfection of a security interest in the right to payment | constitutes perfection of a security interest in the mortgage | securing it. |
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| | An important consequence of the rules in Section 9-203(g) | [Maine cite section 9-1203, subsection (7)] and subsection (e) | [Maine cite subsection (5)] is that, by acquiring a perfected | security interest in a mortgage (or other secured) note, the | secured party acquires a security interest in the mortgage (or | other lien) that is senior to the rights of a person who becomes | a lien creditor of the mortgagee (Article 9 debtor [Maine cite | Article 9-A debtor]). See Section 9-317(a)(2) [Maine cite | section 9-1317, subsection (1), paragraph (b)]. This result | helps prevent the separation of the mortgage (or other lien) from | the note. |
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