West Virginia § 46-9-338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

West Virginia Statutes

§ 46-9-338 — Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

West Virginia § 46-9-338

Ch. 46UNIFORM COMMERCIAL CODE

Art. 9SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

This text of West Virginia § 46-9-338 (Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 46-9-338 (2026).

Text

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in section 9-516(b)(5) which is incorrect at the time the financing statement is filed:

(1)The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and

(2)A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certific

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If a security interest or agricultural lien is perfected by a filed financing statement providing information described in section 9-516(b)(5) which is incorrect at the time the financing statement is filed:

(1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and

(2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.