AB111,95,2121 (b) In all other cases, s. 409.322 (1) applies to the qualifying security interests.
AB111,95,25 22409.325 Priority of security interests in transferred collateral. (1)
23Subordination of security interest in transferred collateral. Except as
24otherwise provided in sub. (2), a security interest created by a debtor is subordinate
25to a security interest in the same collateral created by another person if:
AB111,96,2
1(a) The debtor acquired the collateral subject to the security interest created
2by the other person;
AB111,96,43 (b) The security interest created by the other person was perfected when the
4debtor acquired the collateral; and
AB111,96,55 (c) There is no period thereafter when the security interest is unperfected.
AB111,96,7 6(2) Limitation of sub. (1) subordination. Subsection (1) subordinates a security
7interest only if the security interest:
AB111,96,88 (a) Otherwise would have priority solely under s. 409.322 (1) or 409.324; or
AB111,96,99 (b) Arose solely under s. 402.711 (3) or 411.508 (5).
AB111,96,16 10409.326 Priority of security interests created by new debtor. (1)
11Subordination of security interest created by new debtor. Subject to sub. (2), a
12security interest created by a new debtor which is perfected by a filed financing
13statement that is effective solely under s. 409.508 in collateral in which a new debtor
14has or acquires rights is subordinate to a security interest in the same collateral
15which is perfected other than by a filed financing statement that is effective solely
16under s. 409.508.
AB111,96,23 17(2) Priority under other provisions; multiple original debtors. The other
18provisions of this subchapter determine the priority among conflicting security
19interests in the same collateral perfected by filed financing statements that are
20effective solely under s. 409.508. However, if the security agreements to which a new
21debtor became bound as debtor were not entered into by the same original debtor, the
22conflicting security interests rank according to priority in time of the new debtor's
23having become bound.
AB111,97,3
1409.327 Priority of security interests in deposit account. The following
2rules govern priority among conflicting security interests in the same deposit
3account:
AB111,97,6 4(1) Control by secured party. A security interest held by a secured party
5having control of the deposit account under s. 409.104 has priority over a conflicting
6security interest held by a secured party that does not have control.
AB111,97,9 7(2) Priority in time of control. Except as otherwise provided in subs. (3) and
8(4), security interests perfected by control under s. 409.314 rank according to priority
9in time of obtaining control.
AB111,97,13 10(3) Priority of bank regarding deposit account. Except as otherwise provided
11in sub. (4), a security interest held by the bank with which the deposit account is
12maintained has priority over a conflicting security interest held by another secured
13party.
AB111,97,16 14(4) Priority over bank regarding deposit account. A security interest
15perfected by control under s. 409.104 (1) (c) has priority over a security interest held
16by the bank with which the deposit account is maintained.
AB111,97,19 17409.328 Priority of security interests in investment property. The
18following rules govern priority among conflicting security interests in the same
19investment property:
AB111,97,23 20(1) Control by secured party. A security interest held by a secured party
21having control of investment property under s. 409.106 has priority over a security
22interest held by a secured party that does not have control of the investment
23property.
AB111,98,3
1(2) Priority in time of control. Except as otherwise provided in subs. (3) and
2(4), conflicting security interests held by secured parties each of which has control
3under s. 409.106 rank according to priority in time of:
AB111,98,44 (a) If the collateral is a security, obtaining control;
AB111,98,55 (b) If the collateral is a security entitlement carried in a securities account and:
AB111,98,76 1. If the secured party obtained control under s. 408.106 (4) (a), the secured
7party's becoming the person for which the securities account is maintained;
AB111,98,108 2. If the secured party obtained control under s. 408.106 (4) (b), the securities
9intermediary's agreement to comply with the secured party's entitlement orders with
10respect to security entitlements carried or to be carried in the securities account; or
AB111,98,1311 3. If the secured party obtained control through another person under s.
12408.106 (4) (c), the time on which priority would be based under this subsection if the
13other person were the secured party; or
AB111,98,1714 (c) If the collateral is a commodity contract carried with a commodity
15intermediary, the satisfaction of the requirement for control specified in s. 409.106
16(2) (b) with respect to commodity contracts carried or to be carried with the
17commodity intermediary.
AB111,98,21 18(3) Priority of securities intermediary regarding entitlement or account.
19A security interest held by a securities intermediary in a security entitlement or a
20securities account maintained with the securities intermediary has priority over a
21conflicting security interest held by another secured party.
AB111,98,25 22(4) Priority of securities intermediary regarding contract or account. A
23security interest held by a commodity intermediary in a commodity contract or a
24commodity account maintained with the commodity intermediary has priority over
25a conflicting security interest held by another secured party.
AB111,99,4
1(5) Priority in certificated securities. A security interest in a certificated
2security in registered form which is perfected by taking delivery under s. 409.313 (1)
3and not by control under s. 409.314 has priority over a conflicting security interest
4perfected by a method other than control.
AB111,99,7 5(6) Priority of conflicting security interests; intermediaries. Conflicting
6security interests created by a broker, securities intermediary, or commodity
7intermediary which are perfected without control under s. 409.106 rank equally.
AB111,99,10 8(7) Priority of conflicting security interests; others. In all other cases,
9priority among conflicting security interests in investment property is governed by
10ss. 409.322 and 409.323.
AB111,99,13 11409.329 Priority of security interests in letter-of-credit right. The
12following rules govern priority among conflicting security interests in the same
13letter-of-credit right:
AB111,99,17 14(1) Control by secured party. A security interest held by a secured party
15having control of the letter-of-credit right under s. 409.107 has priority to the extent
16of its control over a conflicting security interest held by a secured party that does not
17have control.
AB111,99,19 18(2) Priority in time of control. Security interests perfected by control under
19s. 409.314 rank according to priority in time of obtaining control.
AB111,99,23 20409.330 Priority of purchaser of chattel paper or instrument. (1)
21Purchaser's priority: security interest claimed merely as proceeds. A purchaser
22of chattel paper has priority over a security interest in the chattel paper which is
23claimed merely as proceeds of inventory subject to a security interest if:
AB111,100,3
1(a) In good faith and in the ordinary course of the purchaser's business, the
2purchaser gives new value and takes possession of the chattel paper or obtains
3control of the chattel paper under s. 409.105; and
AB111,100,54 (b) The chattel paper does not indicate that it has been assigned to an identified
5assignee other than the purchaser.
AB111,100,12 6(2) Purchaser's priority: other security interests. A purchaser of chattel
7paper has priority over a security interest in the chattel paper which is claimed other
8than merely as proceeds of inventory subject to a security interest if the purchaser
9gives new value and takes possession of the chattel paper or obtains control of the
10chattel paper under s. 409.105 in good faith, in the ordinary course of the purchaser's
11business, and without knowledge that the purchase violates the rights of the secured
12party.
AB111,100,15 13(3) Chattel paper purchaser's priority in proceeds. Except as otherwise
14provided in s. 409.327, a purchaser having priority in chattel paper under sub. (1)
15or (2) also has priority in proceeds of the chattel paper to the extent that:
AB111,100,1616 (a) Section 409.322 provides for priority in the proceeds; or
AB111,100,1917 (b) The proceeds consist of the specific goods covered by the chattel paper or
18cash proceeds of the specific goods, even if the purchaser's security interest in the
19proceeds is unperfected.
AB111,100,24 20(4) Instrument purchaser's priority. Except as otherwise provided in s.
21409.331 (1), a purchaser of an instrument has priority over a security interest in the
22instrument perfected by a method other than possession if the purchaser gives value
23and takes possession of the instrument in good faith and without knowledge that the
24purchase violates the rights of the secured party.
AB111,101,3
1(5) Holder of purchase-money security interest gives new value. For
2purposes of subs. (1) and (2), the holder of a purchase-money security interest in
3inventory gives new value for chattel paper constituting proceeds of the inventory.
AB111,101,8 4(6) Indication of assignment gives knowledge. For purposes of subs. (2) and
5(4), if chattel paper or an instrument indicates that it has been assigned to an
6identified secured party other than the purchaser, a purchaser of the chattel paper
7or instrument has knowledge that the purchase violates the rights of the secured
8party.
AB111,101,16 9409.331 Priority of rights of purchasers of instruments, documents,
10and securities under other chapters; priority of interests in financial assets
11and security entitlements under ch. 408
. (1) Rights under chs. 403, 407, and 408
12not limited.
This chapter does not limit the rights of a holder in due course of a
13negotiable instrument, a holder to which a negotiable document of title has been duly
14negotiated, or a protected purchaser of a security. These holders or purchasers take
15priority over an earlier security interest, even if perfected, to the extent provided in
16chs. 403, 407, and 408.
AB111,101,19 17(2) Protection under ch. 408. This chapter does not limit the rights of or impose
18liability on a person to the extent that the person is protected against the assertion
19of an adverse claim under ch. 408.
AB111,101,22 20(3) Filing not notice. Filing under this chapter does not constitute notice of
21a claim or defense to the holders, or purchasers, or persons described in subs. (1) and
22(2).
AB111,102,2 23409.332 Transfer of money; transfer of funds from deposit account. (1)
24Transferee of money. A transferee of money takes the money free of a security

1interest unless the transferee acts in collusion with the debtor in violating the rights
2of the secured party.
AB111,102,6 3(2) Transferee of funds from deposit account. A transferee of funds from a
4deposit account takes the funds free of a security interest in the deposit account
5unless the transferee acts in collusion with the debtor in violating the rights of the
6secured party.
AB111,102,9 7409.333 Priority of certain liens arising by operation of law. (1)
8Possessory lien. In this section, "possessory lien" means an interest, other than a
9security interest or an agricultural lien:
AB111,102,1210 (a) Which secures payment or performance of an obligation for services or
11materials furnished with respect to goods by a person in the ordinary course of the
12person's business;
AB111,102,1313 (b) Which is created by statute or rule of law in favor of the person; and
AB111,102,1414 (c) Whose effectiveness depends on the person's possession of the goods.
AB111,102,17 15(2) Priority of possessory lien. A possessory lien on goods has priority over
16a security interest in the goods unless the lien is created by a statute that expressly
17provides otherwise.
AB111,102,22 18409.334 Priority of security interests in fixtures and crops. (1) Security
19interest in fixtures under this chapter.
A security interest under this chapter may
20be created in goods that are fixtures or may continue in goods that become fixtures.
21A security interest does not exist under this chapter in ordinary building materials
22incorporated into an improvement on land.
AB111,102,24 23(2) Security interest in fixtures under real property law. This chapter does
24not prevent creation of an encumbrance upon fixtures under real property law.
AB111,103,4
1(3) General rule: subordination of security interest in fixtures. In cases
2not governed by subs. (4) to (8), a security interest in fixtures is subordinate to a
3conflicting interest of an encumbrancer or owner of the related real property other
4than the debtor.
AB111,103,8 5(4) Fixtures purchase-money priority. Except as otherwise provided in sub.
6(8), a perfected security interest in fixtures has priority over a conflicting interest of
7an encumbrancer or owner of the real property if the debtor has an interest of record
8in or is in possession of the real property and:
AB111,103,99 (a) The security interest is a purchase-money security interest;
AB111,103,1110 (b) The interest of the encumbrancer or owner arises before the goods become
11fixtures; and
AB111,103,1312 (c) The security interest is perfected by a fixture filing before the goods become
13fixtures or within 20 days thereafter.
AB111,103,16 14(5) Priority of security interest in fixtures over interests in real property.
15A perfected security interest in fixtures has priority over a conflicting interest of an
16encumbrancer or owner of the real property if:
AB111,103,1817 (a) The debtor has an interest of record in the real property or is in possession
18of the real property and the security interest:
AB111,103,2019 1. Is perfected by a fixture filing before the interest of the encumbrancer or
20owner is of record; and
AB111,103,2221 2. Has priority over any conflicting interest of a predecessor in title of the
22encumbrancer or owner;
AB111,103,2423 (b) Before the goods become fixtures, the security interest is perfected by any
24method permitted by this chapter and the fixtures are readily removable:
AB111,103,2525 1. Factory or office machines;
AB111,104,2
12. Equipment that is not primarily used or leased for use in the operation of the
2real property; or
AB111,104,33 3. Replacements of domestic appliances that are consumer goods;
AB111,104,64 (c) The conflicting interest is a lien on the real property obtained by legal or
5equitable proceedings after the security interest was perfected by any method
6permitted by this chapter; or
AB111,104,77 (d) The security interest is:
AB111,104,88 1. Created in a manufactured home in a manufactured-home transaction; and
AB111,104,99 2. Perfected pursuant to a statute described in s. 409.311 (1) (b) or (f).
AB111,104,12 10(6) Priority based on consent, disclaimer, or right to remove. A security
11interest in fixtures, whether or not perfected, has priority over a conflicting interest
12of an encumbrancer or owner of the real property if:
AB111,104,1413 (a) The encumbrancer or owner has, in an authenticated record, consented to
14the security interest or disclaimed an interest in the goods as fixtures; or
AB111,104,1615 (b) The debtor has a right to remove the goods as against the encumbrancer or
16owner.
AB111,104,19 17(7) Continuation of sub. (6) priority. The priority of the security interest under
18sub. (6) (b) continues for a reasonable time if the debtor's right to remove the goods
19as against the encumbrancer or owner terminates.
AB111,105,3 20(8) Priority of construction mortgage. A mortgage is a construction
21mortgage to the extent that it secures an obligation incurred for the construction of
22an improvement on land, including the acquisition cost of the land, if a recorded
23record of the mortgage so indicates. Except as otherwise provided in subs. (5) and
24(6), a security interest in fixtures is subordinate to a construction mortgage if a record
25of the mortgage is recorded before the goods become fixtures and the goods become

1fixtures before the completion of the construction. A mortgage has this priority to
2the same extent as a construction mortgage to the extent that it is given to refinance
3a construction mortgage.
AB111,105,7 4(9) Priority of security interest in crops. A perfected security interest in
5crops growing on real property has priority over a conflicting interest of an
6encumbrancer or owner of the real property if the debtor has an interest of record in
7or is in possession of the real property.
AB111,105,10 8409.335 Accessions. (1) Creation of security interest in accession. A
9security interest may be created in an accession and continues in collateral that
10becomes an accession.
AB111,105,13 11(2) Perfection of security interest. If a security interest is perfected when
12the collateral becomes an accession, the security interest remains perfected in the
13collateral.
AB111,105,16 14(3) Priority of security interest. Except as otherwise provided in sub. (4), the
15other provisions of this subchapter determine the priority of a security interest in an
16accession.
AB111,105,20 17(4) Compliance with certificate-of-title statute. A security interest in an
18accession is subordinate to a security interest in the whole which is perfected by
19compliance with the requirements of a certificate-of-title statute under s. 409.311
20(2).
AB111,105,24 21(5) Removal of accession after default. After default, subject to subch. VI,
22a secured party may remove an accession from other goods if the security interest in
23the accession has priority over the claims of every person having an interest in the
24whole.
AB111,106,9
1(6) Reimbursement following removal. A secured party that removes an
2accession from other goods under sub. (5) shall promptly reimburse any holder of a
3security interest or other lien on, or owner of, the whole or of the other goods, other
4than the debtor, for the cost of repair of any physical injury to the whole or the other
5goods. The secured party need not reimburse the holder or owner for any diminution
6in value of the whole or the other goods caused by the absence of the accession
7removed or by any necessity for replacing it. A person entitled to reimbursement
8may refuse permission to remove an accession until the secured party gives adequate
9assurance for the performance of the obligation to reimburse.
AB111,106,12 10409.336 Commingled goods. (1) Commingled goods. In this section,
11"commingled goods" means goods that are physically united with other goods in such
12a manner that their identity is lost in a product or mass.
AB111,106,15 13(2) No security interest in commingled goods as such. A security interest
14does not exist in commingled goods as such. However, a security interest may attach
15to a product or mass that results when goods become commingled goods.
AB111,106,17 16(3) Attachment of security interest to product or mass. If collateral becomes
17commingled goods, a security interest attaches to the product or mass.
AB111,106,20 18(4) Perfection of security interest. If a security interest in collateral is
19perfected before the collateral becomes commingled goods, the security interest that
20attaches to the product or mass under sub. (3) is perfected.
Loading...
Loading...