LD 2245
pg. 457
Page 456 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 458 of 493
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LR 1087
Item 1

 
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.


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