Title 11, Chapter 9, Section 334
( 11-9-334)
Priority of security interests in fixtures and crops. (a) 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. (b) Security interest in fixtures under real property law. This
article does not prevent creation of an encumbrance upon fixtures
under real property law. (c) General rule; subordination of security interest in fixtures.
In cases not governed by subsections (d) through (h) of this Code
section, a security interest in fixtures is subordinate to a
conflicting interest of an encumbrancer or owner of the related real
property other than the debtor. (d) Fixtures purchase money priority. Except as otherwise provided
in subsection (h) of this Code section, a perfected security
interest in fixtures has priority over a conflicting interest of an
encumbrancer or owner of the real property if the debtor has an
interest of record in or is in possession of the real property and: (1) The security interest is a purchase money security interest; (2) The interest of the encumbrancer or owner arises before the
goods become fixtures; and (3) The security interest is perfected by a fixture filing before
the goods become fixtures or within 20 days thereafter. (e) Priority of security interest in fixtures over interests in real
property. A perfected security interest in fixtures has priority
over a conflicting interest of an encumbrancer or owner of the real
property if: (1) The debtor has an interest of record in the real property or
is in possession of the real property and the security interest: (A) Is perfected by a fixture filing before the interest of the
encumbrancer or owner is of record; and (B) Has priority over any conflicting interest of a predecessor
in title of the encumbrancer or owner; (2) Before the goods become fixtures, the security interest is
perfected by any method permitted by this article and the fixtures
are readily removable: (A) Factory or office machines; (B) Equipment that is not primarily used or leased for use in
the operation of the real property; or (C) Replacements of domestic appliances that are consumer goods;
or (3) The conflicting interest is a lien on the real property
obtained by legal or equitable proceedings after the security
interest was perfected by any method permitted by this article. (f) Priority based on consent, disclaimer, or right to remove. A
security interest in fixtures, whether or not perfected, has
priority over a conflicting interest of an encumbrancer or owner of
the real property if: (1) The encumbrancer or owner has, in an authenticated record,
consented to the security interest or disclaimed an interest in
the goods as fixtures; or (2) The debtor has a right to remove the goods as against the
encumbrancer or owner. (g) Continuation of subsection (f) of this Code section priority.
The priority of the security interest under paragraph (2) of
subsection (f) of this Code section continues for a reasonable time
if the debtor's right to remove the goods as against the
encumbrancer or owner terminates. (h) Priority of construction mortgage. A mortgage is a construction
mortgage to the extent that it secures an obligation incurred for
the construction of an improvement on land, including the
acquisition cost of the land, if a recorded record of the mortgage
so indicates. Except as otherwise provided in subsections (e) and
(f) of this Code section, a security interest in fixtures is
subordinate to a construction mortgage if a record of the mortgage
is recorded before the goods become fixtures and the goods become
fixtures before the completion of the construction. A mortgage has
this priority to the same extent as a construction mortgage to the
extent that it is given to refinance a construction mortgage. (i) Priority of security interest in crops. A perfected security
interest in or agricultural lien upon crops growing on real property
has priority over a conflicting interest of an encumbrancer or owner
of the real property if the debtor has an interest of record in or
is in possession of the real property. |