Title 11, Chapter 9, Section 336
( 11-9-336)
Commingled goods. (a) "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. (b) No security interest in commingled goods as such. A security
interest does not exist in commingled goods as such. However, a
security interest may attach to a product or mass that results when
goods become commingled goods. (c) Attachment of security interest to product or mass. If
collateral becomes commingled goods, a security interest attaches to
the product or mass. (d) Perfection of security interest. If a security interest in
collateral is perfected before the collateral becomes commingled
goods, the security interest that attaches to the product or mass
under subsection (c) of this Code section is perfected. (e) Priority of security interest. Except as otherwise provided in
subsection (f) of this Code section, the other provisions of this
part determine the priority of a security interest that attaches to
the product or mass under subsection (c) of this Code section. (f) Conflicting security interests in product or mass. If more than
one security interest attaches to the product or mass under
subsection (c) of this Code section, the following rules determine
priority: (1) A security interest that is perfected under subsection (d) of
this Code section has priority over a security interest that is
unperfected at the time the collateral becomes commingled goods;
and (2) If more than one security interest is perfected under
subsection (d) of this Code section, the security interests rank
equally in proportion to the value of the collateral at the time
it became commingled goods. |