LD 2245
pg. 197
Page 196 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 198 of 493
Download Bill Text
LR 1087
Item 1

 
The rule of subsection (a)(1) [Maine cite subsection (1),
paragraph (a)], affording priority to the first to file or
perfect, applies to security interests that are perfected by any
method, including temporarily (Section 9-312 [Maine cite section
9-1312]) or upon attachment (Section 9-309 [Maine cite section 9-
1309]), even though there may be no notice to creditors or
subsequent purchasers and notwithstanding any common-law rule to
the contrary. The form of the claim to priority, i.e., filing or
perfection, may shift from time to time, and the rank will be
based on the first filing or perfection as long as there is no
intervening period without filing or perfection. See Section 9-
308(c) [Maine cite section 9-1308, subsection (3)].

 
Example 3: On October 1, A acquires a temporarily perfected
(20-day) security interest, unfiled, in a negotiable document in
the debtor's possession under Section 9-312(e) [Maine cite
section 9-1312, subsection (5)]. On October 5, B files and
thereby perfects a security interest that previously had attached
to the same document. On October 10, A files. A has priority,
even after the 20-day period expires, regardless of whether A
knows of B's security interest when A files. A was the first to
perfect and maintained continuous perfection or filing since the
start of the 20-day period. However, the perfection of A's
security interest extends only "to the extent it arises for new
value given." To the extent A's security interest secures
advances made by A beyond the 20-day period, its security
interest would be subordinate to B's, inasmuch as B was the first
to file.

 
In general, the rule in subsection (a)(1) [Maine cite
subsection (1), paragraph (a)] does not distinguish among various
advances made by a secured party. The priority of every advance
dates from the earlier of filing or perfection. However, in rare
instances, the priority of an advance dates from the time the
advance is made. See Example 3 and Section 9-323 [Maine cite
section 9-1323].

 
5. Priority in After-acquired Property. The application of
the priority rules to afteracquired property must be considered
separately for each item of collateral. Priority does not depend
only on time of perfection but may also be based on priority in
filing before perfection.

 
Example 4: On February 1, A makes advances to Debtor under a
security agreement covering "all Debtor's machinery, both
existing and after-acquired." A promptly files a financing
statement. On April 1, B takes a security interest in all
Debtor's machinery, existing and after-acquired, to secure an
outstanding loan. The following day, B files a financing
statement. On May 1, Debtor acquires a new machine. When Debtor


Page 196 of 493 Top of Page Page 198 of 493