| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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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