Priority of Multiple Purchase Money Security Interest
When Multiple Lenders Facilate the Purchase of Collateral
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Table of ContentsWhat is the priority of conflicting purchase-money security interests?Discussion QuestionPractice QuestionAcademic Research
What is the priority of conflicting purchase-money security interests?
Often a debtor will acquire property subject to multiple purchase-money security interests. This happens when multiple parties lend money for the purchase (enabling loans) and the seller of the good finances part of the purchase. In such a situation, the UCC 9-324(g)(1) provides priority for the individual financing the purchase over individuals providing a financing loan. If all of the financiers or enabling lenders are the same, the UCC 9-324(g)(2) provides that the first to file or perfect the security interest determines priority.
Next Article: Priority of Security Interest in Fixtures Back to: SECURED TRANSACTIONS
Why do you think the law prefers financing sellers over enabling lenders? If all lenders have similar PMSIs, how do you feel about the first to file system?
ABC Corp purchase equipment from 123, LLC. ABC places a down payment of 50% of the value and finances the remaining 50% through 123. 333, Inc., and 444, Inc., make separate loans in equal amounts to ABC to provide the money to place the 50% down payment. In this situation, what is the priority of security interests?