LD 2245
pg. 212
Page 211 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 213 of 493
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LR 1087
Item 1

 
a general rule applicable to all types of goods except inventory
and farm-products livestock: the purchase-money interest takes
priority if it is perfected when the debtor receives possession
of the collateral or within 20 days thereafter. (As to the 20-
day "grace period," compare Section 9-317(e) [Maine cite section
9-1317, subsection (5)]. Former Sections 9-312(4) and 9-301(2)
contained a 10-day grace period.) The perfection requirement
means that the purchase-money secured party either has filed a
financing statement before that time or has a temporarily
perfected security interest in goods covered by documents under
Section 9-312(e) and (f) [Maine cite section 9-1312, subsections
(5) and (6)] which is continued in a perfected status by filing
before the expiration of the 20-day period specified in that
section. A purchase-money security interest qualifies for
priority under subsection (a) [Maine cite, subsection (1)], even
if the purchase-money secured party knows that a conflicting
security interest has been created and or that the holder of the
conflicting interest has filed a financing statement covering the
collateral.

 
Normally, there will be no question when "the debtor receives
possession of the collateral" for purposes of subsection (a)
[Maine cite subsection (1)]. However, sometimes a debtor buys
goods and takes possession of them in stages, and then assembly
and testing are completed (by the seller or debtor-buyer) at the
debtor's location. Under those circumstances, the buyer "takes
possession" within the meaning of subsection (a) [Maine cite
subsection (1)] when, after an inspection of the portion of the
goods in the debtor's possession, it would be apparent to a
potential lender to the debtor that the debtor has acquired an
interest in the goods taken as a whole.

 
A similar issue concerning the time when "the debtor receives
possession" arises when a person acquires possession of goods
under a transaction that is not governed by this Article and then
later agrees to buy the goods on secured credit. For example, a
person may take possession of goods as lessee under a lease
contract and then exercise an option to purchase the goods from
the lessor on secured credit. Under Section 2A-307(1), creditors
of the lessee generally take subject to the lease contract;
filing a financing statement against the lessee is unnecessary to
protect the lessor's leasehold or residual interest. Once the
lease is converted to a security interest, filing a financing
statement is necessary to protect the seller's (former lessor's)
security interest. Accordingly, the 20-day period in subsection
(a) does not commence until a the goods become "collateral"
(defined in Section 9-102 [Maine cite section 9-1102]), i.e.,
until they are subject to a security interest.


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