Mass. Gen. Laws ch. 106 § 9-325

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 106:9-325 - Priority of security interests in transferred collateral
(a) Subordination of security interest in transferred collateral. Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1) the debtor acquired the collateral subject to the security interest created by the other person;
(2) the security interest created by the other person was perfected when the debtor acquired the collateral; and
(3) there is no period thereafter when the security interest is unperfected.
(b) Limitation of subsection (a) subordination. Subsection (a) subordinates a security interest only if the security interest:
(1) otherwise would have priority solely under Section 9-322(a) or Section 9-324; or
(2) arose solely under Section 2-711(3) or Section 2A-508(5).

Mass. Gen. Laws ch. 106, § 9-325

Amended by Acts 2001, c. 26, § 39, eff. 7/1/2001.