District of Columbia Code
Subpart 3 - Priority
§ 28:9–337. Priority of security interests in goods covered by certificate of title

If, while a security interest in goods is perfected by any method under the law of another jurisdiction, the District issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
(1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and
(2) The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under § 28:9-311(b), after issuance of the certificate and without the conflicting secured party’s knowledge of the security interest.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
1. Source. Derived from former Section 9-103(2)(d).
2. Protection for Buyers and Secured Parties. This section affords protection to certain good-faith purchasers for value who are likely to have relied on a “clean” certificate of title, i.e., one that neither shows that the goods are subject to a particular security interest nor contains a statement that they may be subject to security interests not shown on the certificate. Under this section, a buyer can take free of, and the holder of a conflicting security interest can acquire priority over, a security interest that is perfected by any method under the law of another jurisdiction. The fact that the security interest has been reperfected by possession under Section 9-313 does not of itself disqualify the holder of a conflicting security interest from protection under paragraph (2).

Structure District of Columbia Code

District of Columbia Code

Title 28 - Commercial Instruments and Transactions. [Enacted title]

Subtitle I - Uniform Commercial Code

Article 9 - Secured Transactions

Part III - Perfection and Priority

Subpart 3 - Priority

§ 28:9–317. Interests that take priority over or take free of unperfected security interest or agricultural lien

§ 28:9–318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers

§ 28:9–319. Rights and title of consignee with respect to creditors and purchasers

§ 28:9–320. Buyer of goods

§ 28:9–321. Licensee of general intangible and lessee of goods in ordinary course of business

§ 28:9–322. Priorities among conflicting security interests in and agricultural liens on same collateral

§ 28:9–323. Future advances

§ 28:9–324. Priority of purchase-money security interests

§ 28:9–325. Priority of security interests in transferred collateral

§ 28:9–326. Priority of security interests created by new debtor

§ 28:9–327. Priority of security interests in deposit account

§ 28:9–328. Priority of security interests in investment property

§ 28:9–329. Priority of security interests in letter-of-credit right

§ 28:9–330. Priority of purchaser of chattel paper or instrument

§ 28:9–331. Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Article 8

§ 28:9–332. Transfer of money; transfer of funds from deposit account

§ 28:9–333. Priority of certain liens arising by operation of law

§ 28:9–334. Priority of security interests in fixtures and crops

§ 28:9–335. Accessions

§ 28:9–336. Commingled goods

§ 28:9–337. Priority of security interests in goods covered by certificate of title

§ 28:9–338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

§ 28:9–339. Priority subject to subordination