5. Taking Subject to Perfected Security Interest that Becomes Unperfected. This section applies only if the security interest in the transferred collateral did not become unperfected at any time after the transferee acquired the collateral. See subsection (a)(3) [Maine cite subsection (1), paragraph (c)]. If this condition is not met, then the normal priority rules apply.

Example 4: As in Example 1, A owns an item of equipment subject to a perfected security interest in favor of SPA. A sells the equipment to B, not in the ordinary course of business. B acquires its interest subject to SPA's security interest. See Sections 9-201, 9-315(a)(1) [Maine cite section 9-1201; section 9-1315, subsection (1), paragraph (a)]. B creates a security interest in favor of SP-B, and SP-B perfects its security interest. This section provides that SP-A's security interest is senior to SP-B's. However, if SP-A's financing statement lapses while SPB's security interest is perfected, then the normal priority rules would apply, and SPB's security interest would become senior to SP-A's security interest. See Sections 9- 322(a)(2), 9-515(c) [Maine cite section 9-1322, subsection (1), paragraph (b); section 9-1515, subsection (3)].

6. Unusual Situations. The appropriateness of the rule of subsection (a) [Maine cite subsection (1)] is most apparent when it works to subordinate security interests having priority under the basic priority rules of Section 9-322(a) [Maine cite section 9-1322, subsection (1)] or the purchase-money priority rules of Section 9-324 [Maine cite section 9-1324]. The rule also works properly when applied to the security interest of a buyer under Section 2-711(3) or a lessee under Section 2-508(5) [Maine cite section 9-1508, subsection (5)]. However, subsection (a) [Maine cite subsection (1)] may provide an inappropriate resolution of the "double debtor" problem in some of the wide variety of other contexts in which the problem may arise. Although subsection (b) [Maine cite subsection (2)] limits the application of subsection (a) [Maine cite subsection (1)] to those cases in which subordination is known to be appropriate, courts should apply the rule in other settings, if necessary to promote the underlying purposes and policies of the Uniform Commercial Code. See Section 1-102(1).

§9-1326.__Priority of security interests created by new debtor

(1)__Subject to subsection (2), a security interest created by a new debtor that is perfected by a filed financing statement that is effective solely under section 9-1508 in collateral in