expiration of the lease term and the lessee has made all payments |
due under the lease, however, then Dealer no longer has any |
rights under the chattel paper. Dealer's interest in the goods |
consists solely of its residual interest, as to which SP2 has no |
claim.) This would be the case, for example, when the lessee |
rescinds the lease or when the lessor recovers possession in the |
exercise of its remedies under Article 2A. See, e.g., Section |
2A525. If SP2 enjoyed priority in the chattel paper under |
Section 9-330 [Maine cite section 9-1330], then SP2 likewise |
would enjoy priority in the returned goods as proceeds. This |
does not mean that SP2 necessarily is entitled to the entire |
value of the returned goods. The value of the goods represents |
the sum of the present value of (i) the value of their use for |
the term of the lease and (ii) the value of the residual |
interest. SP2 has priority in the former, but SP1 ordinarily |
would have priority in the latter. Thus, an allocation of a |
portion of the value of the goods to each component may be |
necessary. Where, as here, one secured party has a security |
interest in the lessor's residual interest and another has a |
priority security interest in the chattel paper, it may be |
advisable for the conflicting secured parties to establish a |
method for making such an allocation and otherwise to determine |
their relative rights in returned goods by agreement. |