§ 55-9-317 — Interests that take priority over or take free of security

interest or agricultural lien. (a) A security interest or agricultural lien is subordinate to the rights of: (1) a person entitled to priority under Section 55-9-322 NMSA 1978; and (2) except as otherwise provided in Subsection (e) of this section, a person that becomes a lien creditor before the earlier of the time: (A) the security interest or agricultural lien is perfected; or (B) one of the conditions specified in Paragraph (3) of Subsection (b) of Section 55-9-203 NMSA 1978 is met and a financing statement covering the collateral is filed. (b) Except as otherwise provided in Subsection (e) of this section, a buyer, other than a secured party, of goods, instruments, tangible documents or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (c) Except as otherwise provided in Subsection (e) of this section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (d) Subject to Subsections (f) through (i) of this section, a licensee of a general intangible or a buyer, other than a secured party, of collateral other than electronic money, goods, instruments, tangible documents or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. (e) Except as otherwise provided in Sections 55-9-320 and 55-9-321 NMSA 1978, if a person files a financing statement with respect to a purchase-money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor that arise between the time the security interest attaches and the time of filing. (f) A buyer, other than a secured party, of chattel paper takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and: (1) receives delivery of each authoritative tangible copy of the record evidencing the chattel paper; and (2) if each authoritative electronic copy of the record evidencing the chattel paper can be subjected to control under Section 55-9-105 NMSA 1978, obtains control of each authoritative electronic copy. (g) A buyer of an electronic document takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and, if each authoritative electronic copy of the document can be subjected to control under Section 55-7-106 NMSA 1978, obtains control of each authoritative electronic copy. (h) A buyer of a controllable electronic record takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable electronic record. (i) A buyer, other than a secured party, of a controllable account or a controllable payment intangible takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable account or controllable payment intangible.

Legislative History

1978 Comp., § 55-9-317, enacted by Laws 2001, ch. 139, § 37; 2005, ch. 144,