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Purchase Money Security Interest In Real Property

(a) Except as otherwise provided in subdivision (g), a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in Section 9327, a perfected security interest in its identifiable proceeds also has priority, if the purchase money security interest is perfected when. (1) If the purchase-money security interest is perfected by filing, before the date of the filing; or (2) If the purchase-money security interest is temporarily perfected without filing or possession under subsection (f) of section 42a-9-312, before the beginning of the twenty-day period thereunder.

Priorities:

Purchase Money Security Interest In Real Property Vs

As to creditor, you must record.(Recording system protects creditors, and until you record, you have to priority.)

Once recorded, priority is determined by the norm of first in time, first in right.

Purchase Money Mortgage:A mortgage given to secure a loan that enables the debtor to acquire the encumbered land.

EX:C lends O $100,000 so that O can purchase Blackacre.C takes as collateral a security interest in Blackacre, the very parcel that C’s extension of value enabled O to acquire.

C is a purchase money mortgagee.

Purchase Money Security Interest Equipment

Assuming that C records properly, he has first priority as to the parcel he financed.

The purchase money mortgagee’s “superpriority”:

EX:C1 lends $200,000 to O, taking a security interest in all of O’s real estate holdings, “whether now owned or hereafter acquired.”(Clause called an after-acquired collateral clause.It is permissible.)

Purchase Money Security Interest In Real Property

C1 records the mortgage note.6 months later, C2 lends O $50,000 to enable O to acquire a parcel known as Blueacre, taking back a security interest in Blueacre and recording that interest.Subsequently, O defaults on all outstanding obligations.All that he has left is Blueacre.Does C1 or C2 have first priority in Blueacre?C2 does.The purchase money mortgagee has 1^st priority as to Blueacre—the very parcel that he enabled O to acquire.

Purchase Money Security Interest Car

Subordination agreements:Are OK.By private agreement, a senior creditor may always agree to subordinate its priority to a junior creditor.