Priority of security interests in transferred collateral.

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(a) Except as otherwise provided in subsection (b) of this section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:

  1. The debtor acquired the collateral subject to the security interest created by the otherperson;

  2. The security interest created by the other person was perfected when the debtor acquired the collateral; and

  3. There is no period thereafter when the security interest is unperfected.

(b) Subsection (a) of this section subordinates a security interest only if the security interest:

  1. Otherwise would have priority solely under section 4-9-322 (a) or 4-9-324; or

  2. Arose solely under section 4-2-711 (3) or 4-2.5-508 (5).

Source: L. 2001: Entire article R&RE, p. 1362, § 1, effective July 1.


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