Security interest perfected before effective date

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  • (a) Continuing priority over lien creditor: perfection requirements satisfied. A security interest that is enforceable immediately before this article takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article if, when this article takes effect, the applicable requirements for enforceability and perfection under this article are satisfied without further action.

  • (b) Continuing priority over lien creditor: perfection requirements not satisfied. Except as otherwise provided in § 9–705, if, immediately before this article takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this article are not satisfied when this article takes effect, the security interest:

    • (1) is a perfected security interest for one year after this article takes effect;

    • (2) remains enforceable thereafter only if the security interest becomes enforceable under § 9–203 before the year expires; and

    • (3) remains perfected thereafter only if the applicable requirements for perfection under this article are satisfied before the year expires.


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