LD 2245
pg. 260
Page 259 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 261 of 493
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LR 1087
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far as concerns real property parties as such, whether a security
interest arising under this Article is perfected or unperfected.
In no event does a real-property claimant (e.g., owner or
mortgagee) acquire an interest in a "pure" chattel just because a
security interest therein is unperfected. If on the other hand
real-property law gives real-property parties an interest in the
goods, a conflict arises and this section states the priorities.

 
5. Priority in Fixtures: Residual Rule. Subsection (c)
[Maine cite subsection (3)] states the residual priority rule,
which applies only if one of the other rules does not: A
security interest in fixtures is subordinate to a conflicting
interest of an encumbrancer or owner of the related real property
other than the debtor.

 
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.

 
7. Priority in Fixtures: Purchase-Money Security Interests.
Subsection (d) [Maine cite subsection (4)], which follows former
Section 9-313(4)(a), contains the principal exception to the
first-to-file-or-record rule of subsection (e)(1) [Maine cite
subsection (5), paragraph (a)]. It affords priority to purchase-
money security interests in fixtures as against prior recorded
real-property interests, provided that the purchase-money
security interest is filed as a fixture filing in the real-
property records before the goods become fixtures or within 20
days thereafter. This priority corresponds to the purchase-money
priority under Section 9-324(a) [Maine cite


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