US Lawyer Database

§ 11-9-329. Priority of Security Interests in Letter of Credit Right

The following rules govern priority among conflicting security interests in the same letter of credit right: A security interest held by a secured party having control of the letter of credit right under Code Section 11-9-107 has priority to the extent of its control over a conflicting security interest held by a secured party that […]

§ 11-9-403. Agreement Not to Assert Defenses Against Assignee

“Value.”   As used in this Code section, the term “value” has the meaning provided in subsection (a) of Code Section 11-3-303. Agreement not to assert claim or defense.    Except as otherwise provided in this Code section, an agreement between an account debtor and an assignor not to assert against an assignee any claim […]

§ 11-9-330. Priority of Purchaser of Chattel Paper or Instrument

Purchaser’s priority; security interest claimed merely as proceeds.    A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if: In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value […]

§ 11-9-331. Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Article 8 of This Title

Rights under Articles 3, 7, and 8 of this title not limited.    This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take […]

§ 11-9-332. Transfer of Money; Transfer of Funds From Deposit Account

Transferee of money.    A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. Transferee of funds from deposit account.    A transferee of funds from a deposit account takes the funds free of a security […]

§ 11-9-333. Priority of Certain Liens

Year’s support; property taxes; other state taxes; other taxes or judgments.  Except as is expressly provided to the contrary elsewhere in this article and in subsection (b) of this Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating […]

§ 11-9-334. Priority of Security Interests in Fixtures and Crops

Security interest in fixtures under this article.    A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in ordinary building materials incorporated into an improvement on land. Security interest in fixtures under real […]

§ 11-9-335. Accessions

Creation of security interest in accession.    A security interest may be created in an accession and continues in collateral that becomes an accession. Perfection of security interest.    If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. Priority of security interest.    Except […]

§ 11-9-336. Commingled Goods

“Commingled goods.”   As used in this Code section, the term “commingled goods” means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. No security interest in commingled goods as such.    A security interest does not exist in commingled goods as […]