LD 2245
pg. 188
Page 187 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 189 of 493
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LR 1087
Item 1

 
3. Effect of Perfection. Subsection (b) [Maine cite
subsection (2)] contains a special rule with respect to
consignments that are perfected. If application of this Article
would result in the consignor having priority over a competing
creditor, then other law determines the rights and title of the
consignee.

 
Example 2: SP1 delivers goods to Debtor in a transaction
constituting a "consignment" as defined in Section 9-102 [Maine
cite section 9-1102]. SP1 files a proper financing statement.
Debtor then grants a security interest in the goods to SP2.
Under Section 9-322 [Maine cite section 9-1322], SP-1's security
interest is senior to SP-2's. Subsection (b) [Maine cite
subsection (2)] indicates that, for purposes of determining SP-
2's rights, other law determines the rights and title of the
consignee. If, for example, a consignee obtains only the
special property of a bailee, then SP-2's security interest would
attach only to that special property.

 
Example 3: SP-1 obtains a security interest in all Debtor's
existing and after-acquired inventory. SP-1 perfects its
security interest with a proper filing. Then SP2 delivers goods
to Debtor in a transaction constituting a "consignment" as
defined in Section 9-102 [Maine cite section 9-1102]. SP2 files
a proper financing statement but does not send notification to
SP-1 under Section 9-324(b) [Maine cite section 9-1324,
subsection (2)]. Accordingly, SP-2's security interest is junior
to SP-1's under Section 9-322(a) [Maine cite section 9-1322,
subsection (1)]. Under Section 9-319(a) [Maine cite section 9-
1319, subsection (1)], Debtor is deemed to have the consignor's
rights and title, so that SP-1's security interest attaches to
SP-2's ownership interest in the goods. Thereafter, Debtor
grants a security interest in the goods to SP-3, and SP-3
perfects by filing. Because SP-2's perfected security interest
is senior to SP-3's under Section 9-322(a) [Maine cite section 9-
1322, subsection (1)], Section 9-319(b) [Maine cite section 9-
1319, subsection (2)] applies: Other law determines Debtor's
rights and title to the goods insofar as SP-3 is concerned, and
SP-3's security interest attaches to those rights.

 
§9-1320.__Buyer of goods

 
(1)__Except as otherwise provided in subsection (5), a buyer
in ordinary course of business, other than a person buying farm
products from a person engaged in farming operations, takes free
of a security interest created by the buyer's seller, even if the
security interest is perfected and the buyer knows of its
existence.


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