Idaho Statutes

§ 28-9-110 — SECURITY INTERESTS ARISING UNDER CHAPTER 2 OR 12, TITLE 28, IDAHO CODE

Idaho·Title 28 COMMERCIAL TRANSACTIONS·Part 1. GENERAL PROVISIONS·Ch. 9 SECURED TRANSACTIONS

Security interests arising under chapter 2 or 12, title 28, idaho code. A security interest arising under section 28-2-401, 28-2-505, 28-2-711 (3) or 28-12-508 (5) is subject to this chapter. However, until the debtor obtains possession of the goods:

(1)The security interest is enforceable, even if section 28-9-203 (b)(3) has not been satisfied;
(2)Filing is not required to perfect the security interest;
(3)The rights of the secured party after default by the debtor are governed by chapter 2 or 12, title 28, Idaho Code; and
(4)The security interest has priority over a conflicting security interest created by the debtor.

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Related

Whitworth v. Krueger
558 P.2d 1026 (Idaho Supreme Court, 1976)
30 case citations
Idaho Bank & Trust Co. v. Cargill, Inc.
665 P.2d 1093 (Idaho Court of Appeals, 1983)
14 case citations
State v. Bennett
246 P.3d 387 (Idaho Supreme Court, 2010)
8 case citations
Hillen v. Dennis Dillon Auto Park & Truck Center, Inc. (In re Byrd)
546 B.R. 434 (D. Idaho, 2016)
2 case citations
Kelley Bean Co. v. Victor
834 P.2d 912 (Idaho Court of Appeals, 1992)
2 case citations
State v. Dix
(Idaho Court of Appeals, 2019)

Legislative History

[28-9-110, added 2001, ch. 208, sec. 2, p. 722.]

Nearby Sections

15
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