Title 11, Chapter 9, Section 322
( 11-9-322)
Priorities among conflicting security interests in and agricultural liens on same collateral. (a) General priority rules. Except as otherwise provided in this
Code section, priority among conflicting security interests and
agricultural liens in the same collateral is determined according to
the following rules: (1) Conflicting perfected security interests and agricultural
liens rank according to priority in time of filing or perfection.
Priority dates from the earlier of the time a filing covering the
collateral is first made or the security interest or agricultural
lien is first perfected, if there is no period thereafter when
there is neither filing nor perfection; (2) A perfected security interest or agricultural lien has
priority over a conflicting unperfected security interest or
agricultural lien; and (3) The first security interest or agricultural lien to attach or
become effective has priority if conflicting security interests
and agricultural liens are unperfected. (b) Time of perfection: proceeds and supporting obligations. For the
purposes paragraph (1) of subsection (a) of this Code section: (1) The time of filing or perfection as to a security interest in
collateral is also the time of filing or perfection as to a
security interest in proceeds; and (2) The time of filing or perfection as to a security interest in
collateral supported by a supporting obligation is also the time
of filing or perfection as to a security interest in the
supporting obligation. (c) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f) of this Code section, a security interest in collateral which qualifies for priority over a conflicting security interest under Code Section 11-9-327, 11-9-328, 11-9-329, 11-9-330, or 11-9-331 also has priority over a conflicting security interest in: (1) Any supporting obligation for the collateral; and (2) Proceeds of the collateral if: (A) The security interest in proceeds is perfected; (B) The proceeds are cash proceeds or of the same type as the
collateral; and (C) In the case of proceeds that are proceeds of proceeds, all
intervening proceeds are cash proceeds, proceeds of the same
type as the collateral, or an account relating to the
collateral. (d) First to file priority rule for certain collateral. Subject to
subsection (e) of this Code section and except as otherwise provided
in subsection (f) of this Code section, if a security interest in
chattel paper, deposit accounts, negotiable documents, instruments,
investment property, or letter of credit rights is perfected by a
method other than filing, conflicting perfected security interests
in proceeds of the collateral rank according to priority in time of
filing. (e) Applicability of subsection (d) of this Code section. Subsection
(d) of this Code section applies only if the proceeds of the
collateral are not cash proceeds, chattel paper, negotiable
documents, instruments, investment property, or letter of credit
rights. (f) Limitations on subsections (a) through (e) of this Code section.
Subsections (a) through (e) of this Code section are subject to: (1) Subsection (g) of this Code section and the other provisions
of this part; (2) Code Section 11-4-210 with respect to a security interest of a collecting bank; (3) Code Section 11-5-118 with respect to a security interest of an issuer or nominated person; and (4) Code Section 11-9-110 with respect to a security interest arising under Article 2 or 2A of this title. (g) Priority under agricultural lien statute. A perfected
agricultural lien on collateral has priority over a conflicting
security interest in or agricultural lien on the same collateral if
the statute creating the agricultural lien so provides. |