West Virginia Code § 46-9-317

Interests that take priority over or take free of security interest or
Open in Lexace · Ask the AI about this section
agricultural lien.
(a) Conflicting security interests and rights of lien creditors. -- A security interest or
agricultural lien is subordinate to the rights of:
(1) A person entitled to priority under section 9-322; 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 section 9-203u(b)(3) is met and a financing
statement covering the collateral is filed.
(b) Buyers that receive delivery. -- Except as otherwise provided in subsection (e) of this
section, a buyer, other than a secured party, of tangiblae 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 olf the collateral without knowledge of the
security interest or agricultural lien and beforse it is perfected.
(c) Lessees that receive delivery. -- Excepti 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) 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. V
(e) Purchase-money security interest. -- Except as otherwise provided in sections 9-320 and
9-321, 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.

‹ Prev All West Virginia 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.