LD 2245
pg. 261
Page 260 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 262 of 493
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LR 1087
Item 1

 
section 9-1324, subsection (1)]. (Like other 10-day periods in
former Article 9, the 10-day period in this section has been
changed to 20 days.)

 
It should be emphasized that this purchase-money priority with
the 20-day grace period for filing is limited to rights against
real-property interests that arise before the goods become
fixtures. There is no such priority with the 20-day grace period
as against real-property interests that arise subsequently. The
fixture security interest can defeat subsequent real-property
interests only if it is filed first and prevails under the usual
conveyancing rule in subsection (e)(1) [Maine cite subsection
(5), paragraph (a)] or one of the other rules in this section.

 
8. Priority in Fixtures: Readily Removable Goods.
Subsection (e)(2) [Maine cite subsection (5), paragraph (b)],
which derives from Section 2A-309 and former Section 9-313(4)(d),
contains another exception to the usual first-to-file-or-rule.
It affords priority to the holders of security interests in
certain types of readily removable goods-factory and office
machines, equipment that is not primarily used or leased for use
in the operation of the real property, and (as discussed below)
certain replacements of domestic appliances. This rule is made
necessary by the confusion in the law as to whether certain
machinery, equipment, and appliances become fixtures. It
protects a secured party who, perhaps in the mistaken belief that
the readily removable goods will not become fixtures, makes a UCC
filing (or otherwise perfects under this Article) rather than
making a fixture filing.

 
Frequently, under applicable law, goods of the type described
in subsection (e)(2) [Maine cite subsection (5), paragraph (b)]
will not be considered to have become part of the real property.
In those cases, the fixture security interest does not conflict
with a real-property interest, and resort to this section is
unnecessary. However, if the goods have become part of the real
property, subsection (e)(2) [Maine cite subsection (5), paragraph
(b)] enables a fixture secured party to take priority over a
conflicting real-property interest if the fixture security
interest is perfected by a fixture filing or by any other method
permitted by this Article. If perfection is by fixture filing,
the fixture security interest would have priority over
subsequently recorded real-property interests under subsection
(e)(1) [Maine cite subsection (5), paragraph (a)] and, if the
fixture security interest is a purchase-money security interest
(a likely scenario), it would also have priority over most real
property interests under the purchasemoney priority of subsection
(d) [Maine cite subsection (4)]. Note, however, that unlike the
purchase-money priority rule in subsection (d) [Maine


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