§ 28-9-326 — PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR

Idaho § 28-9-326

• Jurisdiction: Idaho
• Title 28: COMMERCIAL TRANSACTIONS
• Part 3.: PERFECTION AND PRIORITY
• Ch. 9: SECURED TRANSACTIONS

Text

(a) Subject to subsection (b) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and perfected by a filed financing statement that would be ineffective to perfect the security interest but for the application of sections 28-9-316 (i)(1) and 28-9-508, Idaho Code, is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.
(b) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (a) of this section. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.

Legislative History

[28-9-326, added 2001, ch. 208, sec. 2, p. 749; am. 2012, ch. 145, sec. 7, p. 395.]