(a) “Commingled goods.” — In this section, “commingled goods” means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass.
(b) No security interest in commingled goods as such. — A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.
(c) Attachment of security interest to product or mass. — If collateral becomes commingled goods, a security interest attaches to the product or mass.
(d) Perfection of security interest. — If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) is perfected.
(e) Priority of security interest. — Except as otherwise provided in subsection (f), the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c).
(f) Conflicting security interests in product or mass. — If more than one security interest attaches to the product or mass under subsection (c), the following rules determine priority:
(1) A security interest that is perfected under subsection (d) has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.
(2) If more than one security interest is perfected under subsection (d), the security interests rank equally in proportion to value of the collateral at the time it became commingled goods.
Structure Delaware Code
Article 9. Secured Transactions
Part 3. Perfection and Priority
§ 9-301. Law governing perfection and priority of security interests.
§ 9-302. Law governing perfection and priority of agricultural liens.
§ 9-304. Law governing perfection and priority of security interests in deposit accounts.
§ 9-305. Law governing perfection and priority of security interests in investment property.
§ 9-306. Law governing perfection and priority of security interests in letter-of-credit rights.
§ 9-308. When security interest or agricultural lien is perfected; continuity of perfection.
§ 9-309. Security interest perfected upon attachment.
§ 9-313. When possession by or delivery to secured party perfects security interest without filing.
§ 9-314. Perfection by control.
§ 9-315. Secured party's rights on disposition of collateral and in proceeds.
§ 9-316. Effect of change in governing law.
§ 9-317. Interests that take priority over or take free of security interest or agricultural lien.
§ 9-319. Rights and title of consignee with respect to creditors and purchasers.
§ 9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
§ 9-324. Priority of purchase-money security interests.
§ 9-326. Priority of security interests created by new debtor.
§ 9-327. Priority of security interests in deposit account.
§ 9-328. Priority of security interests in investment property.
§ 9-329. Priority of security interests in letter-of-credit right.
§ 9-330. Priority of purchaser of chattel paper or instrument.
§ 9-332. Transfer of money; transfer of funds from deposit account.
§ 9-333. Priority of certain liens arising by operation of law.
§ 9-334. Priority of security interests in fixtures and crops.
§ 9-337. Priority of security interests in goods covered by certificate of title.
§ 9-339. Priority subject to subordination.
§ 9-340. Effectiveness of right of recoupment or set-off against deposit account.
§ 9-341. Bank's rights and duties with respect to deposit account.
§ 9-342. Bank's right to refuse to enter into or disclose existence of control agreement.