| | One consequence of the rule in subsection (a) [Maine cite | subsection (1)] is that the mere taking effect of this Article | does not of itself adversely affect the priority of conflicting | claims to collateral. |
|
| | Example 4: In 1999, SP1 obtains a security interest in a | right to payment for lottery winnings (a "general intangible" as | defined in former Article 9 but an "account" as defined in this | Article). SP1's security interest is unperfected because its | filed financing statement covers only "accounts." In 2000, D | creates a security interest in the same right to payment in favor | of SP2, who files a financing statement covering "accounts and | general intangibles." Before this Article takes effect on July | 1, 2001, SP2's perfected security interest has priority over | SP1's unperfected security interest under former 9-312(5). | Because the relative priorities of the security interests were | established before the effective date of this Article, former | Article 9 continues to govern priority after this Article takes | effect. Thus, SP-2's priority is not adversely affected by this | Article's having taken effect. |
|
| Note that were this Article to govern priority, SP2 would become | subordinated to SP-1 under Section 9-322(a)(1) [Maine cite | section 9-1322, subsection (1), paragraph (a)], even though | nothing changes other than this Article's having taken effect. | Under Section 9-704 [Maine cite section 9-1704], SP-1's security | interest would become perfected; the financing statement covering | "accounts" adequately covers the lottery winnings and complies | with the other perfection requirements of this Article, e.g., it | is filed in the proper office. |
|
| | Example 5: In 1999, SP1 obtains a security interest in a | right to payment for lottery winnings-a "general intangible" (as | defined under former Article 9). SP1's security interest is | unperfected because its filed financing statement covers only | "accounts." In 2000, D creates a security interest in the same | right to payment in favor of SP2, who makes the same mistake and | also files a financing statement covering only "accounts." | Before this Article takes effect on July 1, 2001, SP1's | unperfected security interest has priority over SP2's unperfected | security interest, because SP-1's security interest was the first | to attach. See former Section 9-312(5)(b). Because the relative | priorities of the security interests were established before the | effective date of this Article, former Article 9 continues to | govern priority after this Article takes effect. Although | Section 9704 [Maine cite section 9-1704] makes both security | interests perfected for purposes of this Article, both are | unperfected under former Article 9, which determines their | relative priorities. |
|
|