Interests that take priority over or take free of security interest or agricultural lien
2000 Acts, ch 1149, §37, 185, 187; 2007 Acts, ch 30, §45, 46, 74; 2012 Acts, ch 1052, §8, 37
1. Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
- a. a person entitled to priority under section 554.9322; and
b. except as otherwise provided in subsection 5, a person that becomes a lien creditor before the earlier of the time:
- (1) The security interest or agricultural lien is perfected; or
- (2) One of the conditions specified in section 554.9203, subsection 2, paragraph “c” is met and a financing statement covering the collateral is filed.
- 2. Buyers that receive delivery. Except as otherwise provided in subsection 5, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security 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.
- 3. Lessees that receive delivery. Except as otherwise provided in subsection 5, 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.
- 4. Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, 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.
- 5. Purchase-money security interest. Except as otherwise provided in sections 554.9320 and 554.9321, 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 which arise between the time the security interest attaches and the time of filing.
2000 Acts, ch 1149, §37, 185, 187; 2007 Acts, ch 30, §45, 46, 74; 2012 Acts, ch 1052, §8, 37
Referred to in §554.13307