| 6. Priority in Fixtures: First to File or Record. |
| Subsection (e)(1) [Maine cite subsection (5), paragraph (a)], |
| which follows former Section 9-313(4)(b), contains the usual |
| priority rule of conveyancing, that is, the first to file or |
| record prevails. In order to achieve priority under this rule, |
| however, the security interest must be perfected by a "fixture |
| filing" (defined in Section 9-102 [Maine cite section 9-1102]), |
| i.e., a filing for record in the real property records and |
| indexed therein, so that it will be found in a real-property |
| search.. The condition in subsection (e)(1)(B) [Maine cite |
| subsection (5), paragraph (1), subparagraph (ii)], that the |
| security interest must have had priority over any conflicting |
| interest of a predecessor in title of the conflicting |
| encumbrancer or owner, appears to limit to the first-in-time |
| principle. However, this apparent limitation is nothing other |
| than an expression of the usual rule that a person must be |
| entitled to transfer what he has. Thus, if the fixture security |
| interest is subordinate to a mortgage, it is subordinate to an |
| interest of an assignee of the mortgage, even though the |
| assignment is a later recorded instrument. Similarly if the |
| fixture security interest is subordinate to the rights of an |
| owner, it is subordinate to a subsequent grantee of the owner and |
| likewise subordinate to a subsequent mortgagee of the owner. |