Security Interest Priority based on Consents, Disclaimers, and Rights to Remove
Written by J. Mance Gordon
Updated at April 19th, 2024
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Priority Based Upon Consent, Disclaimer, or Right to Remove
9-334(f) states that a security interest in a fixture (whether perfected or no) has priority over a conflicting security interest in real property if the owner of the real property has consented to the security interest or disclaimed an interest in the goods as fixtures in an authenticated record. Otherwise, the debtor has the right to remove the goods as in the case of trade fixtures.