LD 2245
pg. 266
Page 265 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 267 of 493
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LR 1087
Item 1

 
indicating the collateral covered by a financing statement,
resolve that question.

 
6. Matters Left to Other Provisions of This Article:
Priority. With one exception, concerning goods covered by a
certificate of title (see subsection (d) [Maine cite subsection
(4)]), the other provisions of this Part, including the rules
governing purchase-money security interests, determine the
priority of most security interests in an accession, including
the relative priority of a security interest in an accession and
a security interest in the whole. See subsection (c) [Maine cite
subsection (3)].

 
Example 3: Debtor owns an office computer subject to a
security interest in favor of SP-1. Debtor acquires memory and
grants a perfected security interest in the memory to SP-2.
Debtor installs the memory in the computer, at which time (one
assumes) SP-1's security interest attaches to the memory. The
first-to-file-or-perfect rule of Section 9-322 [Maine cite
section 9-1322] governs priority in the memory. If, however, SP-
2's security interest is a purchase-money security interest,
Section 9-324(a) [Maine cite section 9-1324, subsection (1)]
would afford priority in the memory to SP-2, regardless of which
security interest was perfected first.

 
7. Goods Covered by Certificate of Title. This section does
govern the priority of a security interest in an accession that
is or becomes part of a whole that is subject to a security
interest perfected by compliance with a certificate-of-title
statute. Subsection (d) [Maine cite subsection (4)] provides
that a security interest in the whole, perfected by compliance
with a certificate-of-title statute, takes priority over a
security interest in the accession. It enables a secured party
to rely upon a certificate of title without having to check the
UCC files to determine whether any components of the collateral
may be encumbered. The subsection imposes a corresponding risk
upon those who finance goods that may become part of goods
covered by a certificate of title. In doing so, it reverses the
priority that appeared reasonable to most pre-UCC courts.

 
Example 4: Debtor owns an automobile subject to a security
interest in favor of SP-1. The security interest is perfected by
notation on the certificate of title. Debtor buys tires subject
to a perfected-by-filing purchase-money security interest in
favor of SP-2 and mounts the tires on the automobile's wheels.
If the security interest in the automobile attaches to the tires,
then SP-1 acquires priority over SP-2. The same result would
obtain if SP-1's security interest attached to the automobile and
was perfected after the tires had been mounted on the wheels.


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