LD 2245
pg. 218
Page 217 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 219 of 493
Download Bill Text
LR 1087
Item 1

 
13. Multiple Purchase-money Security Interests. New
subsection (g) [Maine cite subsection (7)] governs priority among
multiple purchase-money security interests in the same
collateral. It grants priority to purchase-money security
interests securing the price of collateral (i.e., created in
favor of the seller) over purchase-money security interests that
secure enabling loans. Section 7.2(c) of the Restatement (3d) of
the Law of Property (Mortgages) (1997) adopts this rule with
respect to real property mortgages. As Comment d to that section
explains:

 
The equities favor the vendor. Not only does the vendor
part with specific real estate rather than money, but the
vendor would never relinquish it at all except on the
understanding that the vendor will be able to use it to
satisfy the obligation to pay the price. This is the case
even though the vendor may know that the mortgagor is going
to finance the transaction in part by borrowing from a third
party and giving a mortgage to secure that obligation. In
the final analysis, the law is more sympathetic to the
vendor's hazard of losing real estate previously owned than
to the third party lender's risk of being unable to collect
from an interest in real estate that never previously
belonged to it.

 
The first-to-file-or-perfect rule of Section 9-322 [Maine cite
section 9-1322] applies to multiple purchase-money security
interests securing enabling loans.

 
§9-1324-A.__Priority of production-money security interests and

 
agricultural liens

 
(1)__Except as otherwise provided in subsections (3), (4) and
(5), if the requirements of subsection (2) are satisfied, a
perfected production-money security interest in production-money
crops has priority over a conflicting security interest in the
same crops and, except as otherwise provided in section 9-1327,
also has priority in their identifiable proceeds.

 
(2)__A production-money security interest has priority under
subsection (1) if:

 
(a)__The production-money security interest is perfected by
filing when the production-money secured party first gives
new value to enable the debtor to produce the crops;

 
(b)__The production-money secured party sends an
authenticated notification to the holder of the conflicting
security interest not less than 10 or more than 30 days
before the production-money secured party first gives new


Page 217 of 493 Top of Page Page 219 of 493