Maryland Code § CL-9-322

Section CL-9-322
Open in Lexace · Ask the AI about this section
(a) Except as otherwise provided in this section, priority among conflicting
security interests and agricultural liens in the same collateral is determined
according to the following rules:
(1) Conflicting perfected security interests and agricultural liens
rank according to priority in time of filing or perfection. Priority dates from the earlier
of the time a filing covering the collateral is first made or the security interest or
agricultural lien is first perfected, if there is no period thereafter when there is
neither filing nor perfection.
(2) A perfected security interest or agricultural lien has priority over
a conflicting unperfected security interest or agricultural lien.
(3) The first security interest or agricultural lien to attach or become
effective has priority if conflicting security interests and agricultural liens are
unperfected.
(b) For the purposes of subsection (a)(1) of this section:
(1) The time of filing or perfection as to a security interest in
collateral is also the time of filing or perfection as to a security interest in proceeds;
and
(2) The time of filing or perfection as to a security interest in
collateral supported by a supporting obligation is also the time of filing or perfection
as to a security interest in the supporting obligation.
(c) Except as otherwise provided in subsection (f), a security interest in
collateral which qualifies for priority over a conflicting security interest under § 9-
327, § 9-328, § 9-329, § 9-330, or § 9-331 also has priority over a conflicting security
interest in:
(1) Any supporting obligation for the collateral; and
(2) Proceeds of the collateral if:
(A) The security interest in proceeds is perfected;
(B) The proceeds are cash proceeds or of the same type as the
collateral; and
(C) In the case of proceeds that are proceeds of proceeds, all
intervening proceeds are cash proceeds, proceeds of the same type as the collateral,
or an account relating to the collateral.

(d) Subject to subsection (e) and except as otherwise provided in subsection
(f), if a security interest in chattel paper, deposit accounts, negotiable documents,
instruments, investment property, or letter-of-credit rights is perfected by a method
other than filing, conflicting perfected security interests in proceeds of the collateral
rank according to priority in time of filing.
(e) Subsection (d) applies only if the proceeds of the collateral are not cash
proceeds, chattel paper, negotiable documents, instruments, investment property, or
letter-of-credit rights.
(f) Subsections (a) through (e) are subject to:
(1) Subsection (g) and the other provisions of this subtitle;
(2) § 4-210 of this article with respect to a security interest of a
collecting bank;
(3) § 5-118 of this article with respect to a security interest of an
issuer or nominated person; and
(4) § 9-110 with respect to a security interest arising under Title 2 or
Title 2A of this article.
(g) A perfected agricultural lien on collateral has priority over a conflicting
security interest in or agricultural lien on the same collateral if the statute creating
the agricultural lien so provides.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.