LD 2245
pg. 270
Page 269 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 271 of 493
Download Bill Text
LR 1087
Item 1

 
For purposes of subsection (f)(2) [Maine cite subsection 6,
paragraph (b)], SP-1A and SP-1B should be treated like a single
secured party. The collective security interest would rank equally
with that of SP-2. Thus, the secured parties would share in the
ratio of 3 (for SP-1A and SP-1B combined) to 5 (for SP-2).
Applying this ratio to the entire value of the product, SP-1A and
SP-1B in the aggregate would be entitled to $375 (i.e., 3/8 x
$1000), and SP-2 would be entitled to $625 (i.e., 5/8 x $1000).

 
SP-1A and SP-1B would share the $300 in accordance with their
priority, as established under other rules. Inasmuch as SP-1A
has first priority, it would receive $200, and SP-1B would
receive $100.

 
7. Priority of Security Interests That Attach Other Than by
Operation of This Section. Under subsection (e) [Maine cite
subsection (5)], the normal priority rules determine the priority
of a security interest that attaches to the product or mass other
than by operation of this section. For example, assume that SP-1
has a perfected security interest in Debtor's existing and after-
acquired baked goods, and SP-2 has a perfected security interest
in Debtor's flour. When the flour is processed into cakes,
subsections (c) and (d) [Maine cite subsections (3) and (4)]
provide that SP-2 acquires a perfected security interest in the
cakes. If SP-1 filed against the baked goods before SP-2 filed
against the flour, then SP-1 will enjoy priority in the cakes.
See Section 9-322 [Maine cite section 9-1322] (first-to-file-or
perfect). But if SP-2 filed against the flour before SP-1 filed
against the baked goods, then SP-2 will enjoy priority in the
cakes to the extent of its security interest.

 
§9-1337.__Priority of security interests in goods covered by

 
certificate of title

 
If, while a security interest in goods is perfected by any
method under the law of another jurisdiction, this State issues a
certificate of title that does not show that the goods are
subject to the security interest or contain a statement that they
may be subject to security interests not shown on the
certificate:

 
(1)__A buyer of the goods, other than a person in the business
of selling goods of that kind, takes free of the security
interest if the buyer gives value and receives delivery of the
goods after issuance of the certificate and without knowledge of
the security interest; and

 
(2)__The security interest is subordinate to a conflicting
security interest in the goods that attaches, and is perfected


Page 269 of 493 Top of Page Page 271 of 493