Alabama Code (Last Updated: November 28, 2014) |
Title7 COMMERCIAL CODE. |
Article9A. SECURED TRANSACTIONS. |
Part3. PERFECTION AND PRIORITY. |
Division3. Priority. |
§7-9A-325. Priority of security interests in transferred collateral.
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(a) Subordination of security interest in transferred collateral. Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1) the debtor acquired the collateral subject to the security interest created by the other person;
(2) the security interest created by the other person was perfected when the debtor acquired the collateral; and
(3) there is no period thereafter when the security interest is unperfected.
(b) Limitation of subsection (a) subordination. Subsection (a) subordinates a security interest only if the security interest:
(1) otherwise would have priority solely under Section 7-9A-322(a) or 7-9A-324; or
(2) arose solely under Section 7-2-711(3) or 7-2A-508(5).