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Priority of Multiple Purchase Money Security Interest

Cite this article as: Jason Mance Gordon, "Priority of Multiple Purchase Money Security Interest," in The Business Professor, updated January 19, 2015, last accessed April 7, 2020, https://thebusinessprofessor.com/knowledge-base/priority-of-purchase-money-security-interest/.
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Conflicting Purchase Money Security Interests
This video explains who has priority when there are conflicting purchase money security interests.

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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.

•    Discussion: 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?

•    Practice Question: 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?

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