| equipment in favor of Financer, who perfected by filing in | Pennsylvania. At that time, Financer's security interest is | subordinate to Lender's. See Section 9-322(a)(1) [Maine cite | section 9-1322, subsection (1), paragraph (a)]. Financer | reperfects by filing in Delaware within a year after the merger, | but Lender fails to do so. Under subsection (b) [Maine cite | subsection (2)], Lender's security interest is deemed never to | have been perfected against Financer, a purchaser for value. | Consequently, under Section 9-322(a)(2) [Maine cite section 9- | 1322, subsection (1), paragraph (b)], Financer's security | interest is now senior. |
|
| | Of course, the expiration of the time period specified in | subsection (a) [Maine cite subsection (1)] does not of itself | prevent the secured party from later reperfecting under the law | of the new jurisdiction. If the secured party does so, however, | there will be a gap in perfection, and the secured party may lose | priority as a result. Thus, in Example 7, if Lender perfects by | filing in Delaware more than one year under the merger, it will | have a new date of filing and perfection for purposes of Section | 9-322(a)(1) [Maine cite section 9-1322, subsection (1), paragraph | (a)]. Financer's security interest, whose perfection dates back | to the filing in Pennsylvania under subsection (b) [Maine cite | subsection (2)], will remain senior. |
|
| | 4. Possessory Security Interests. Subsection (c) [Maine cite | subsection (3)] deals with continued perfection of possessory | security interests. It applies not only to security interests | perfected solely by the secured party's having taken possession | of the collateral. It also applies to security interests | perfected by a method that includes as an element of perfection | the secured party's having taken possession, such as perfection | by taking delivery of a certificated security in registered form, | see Section 9-313(a) [Maine cite section 9-1313, subsection (1)] | and perfection by obtaining control over a certificated security. | See Section 9-314(a) [Maine cite section 9-1314, subsection (1)]. |
|
| | 5. Goods Covered by Certificate of Title. Subsections (d) | and (e) [Maine cite subsections (4) and (5)] address continued | perfection of a security interest in goods covered by a | certificate of title. The following examples explain the | operation of those subsections. |
|
| | Example 8: Debtor's automobile is covered by a certificate of | title issued by Illinois. Lender perfects a security interest in | the automobile by complying with Illinois' certificate-of-title | statute. Thereafter, Debtor applies for a certificate of title | in Indiana. Six months thereafter, Creditor acquires a judicial | lien on the automobile. Under Section |
|
|