Maryland Statutes
Subtitle 3 - Perfection and Priority
Section 9-322 - Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

(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.

Structure Maryland Statutes

Maryland Statutes

Commercial Law

Title 9 - Secured Transactions

Subtitle 3 - Perfection and Priority

Section 9-301 - Law Governing Perfection and Priority of Security Interests

Section 9-302 - Law Governing Perfection and Priority of Agricultural Liens

Section 9-303 - Law Governing Perfection and Priority of Security Interests in Goods Covered by Certificate of Title

Section 9-304 - Law Governing Perfection and Priority of Security Interests in Deposit Accounts

Section 9-305 - Law Governing Perfection and Priority of Security Interests in Investment Property

Section 9-306 - Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

Section 9-307 - Location of Debtor

Section 9-308 - When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

Section 9-309 - Security Interest Perfected Upon Attachment

Section 9-310 - When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

Section 9-311 - Perfection of Security Interests in Property Subject to Certain Statutes, Regulations, and Treaties

Section 9-312 - Perfection of Security Interests in Chattel Paper, Deposit Accounts, Documents, Goods Covered by Documents, Instruments, Investment Property, Letter-of-Credit Rights, and Money; Perfection by Permissive Filing; Temporary Perfection Wi...

Section 9-313 - When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

Section 9-314 - Perfection by Control

Section 9-315 - Secured Party's Rights on Disposition of Collateral and in Proceeds

Section 9-316 - Continued Perfection of Security Interest Following Change in Governing Law

Section 9-317 - Interests That Take Priority Over or Take Free of Unperfected Security Interest or Agricultural Lien

Section 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

Section 9-319 - Rights and Title of Consignee With Respect to Creditors and Purchasers

Section 9-320 - Buyer of Goods

Section 9-321 - Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business

Section 9-322 - Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

Section 9-323 - Future Advances

Section 9-324 - Priority of Purchase-Money Security Interests

Section 9-325 - Priority of Security Interests in Transferred Collateral

Section 9-326 - Priority of Security Interests Created by New Debtor

Section 9-327 - Priority of Security Interests in Deposit Account

Section 9-328 - Priority of Security Interests in Investment Property

Section 9-329 - Priority of Security Interests in Letter-of-Credit

Section 9-330 - Priority of Purchaser of Chattel Paper or Instrument

Section 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 Title 8

Section 9-332 - Transfer of Money; Transfer of Funds From Deposit Account

Section 9-333 - Priority of Certain Liens Arising by Operation of Law

Section 9-334 - Priority of Security Interests in Fixtures and Crops

Section 9-335 - Accessions

Section 9-336 - Commingled Goods

Section 9-337 - Priority of Security Interests in Goods Covered by Certificate of Title

Section 9-338 - Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

Section 9-339 - Priority Subject to Subordination

Section 9-340 - Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

Section 9-341 - Bank's Rights and Duties With Respect to Deposit Account

Section 9-342 - Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement