Michigan Compiled Laws
174-1962-9-3-3. - Subpart 3. Priority (440.9317...440.9339)
Section 440.9330 - Priority of Purchaser of Chattel Paper or Instrument.

Sec. 9330.
(1) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed merely as proceeds of inventory subject to a security interest if both of the following are met:
(a) In good faith and in the ordinary course of the purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under section 9105.
(b) The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.
(2) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under section 9105 in good faith, in the ordinary course of the purchaser's business, and without knowledge that the purchase violates the rights of the secured party.
(3) Except as otherwise provided in section 9327, a purchaser having priority in chattel paper under subsection (1) or (2) also has priority in proceeds of the chattel paper to the extent that section 9322 provides for priority in the proceeds, or the proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser's security interest in the proceeds is unperfected.
(4) Except as otherwise provided in section 9331(1), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
(5) For purposes of subsections (1) and (2), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
(6) For purposes of subsections (2) and (4), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
History: Add. 2000, Act 348, Eff. July 1, 2001

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 9 - Secured Transactions (440.9101...440.9994)

174-1962-9-3 - Part 3 Perfection and Priority (440.9301...440.9342)

174-1962-9-3-3. - Subpart 3. Priority (440.9317...440.9339)

Section 440.9317 - Interests That Take Priority Over or Take Free of Unperfected Security Interest or Agricultural Lien.

Section 440.9318 - 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 440.9319 - Rights and Title of Consignee With Respect to Creditors and Purchasers.

Section 440.9320 - Buyer of Goods.

Section 440.9321 - Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business.

Section 440.9322 - Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral.

Section 440.9323 - Future Advances.

Section 440.9324 - Priority of Purchase-Money Security Interests.

Section 440.9325 - Priority of Security Interests in Transferred Collateral.

Section 440.9326 - Priority of Security Interests Created by New Debtor.

Section 440.9327 - Priority of Security Interests in Deposit Account.

Section 440.9328 - Priority of Security Interests in Investment Property.

Section 440.9329 - Priority of Security Interests in Letter-of-Credit Right.

Section 440.9330 - Priority of Purchaser of Chattel Paper or Instrument.

Section 440.9331 - 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.

Section 440.9332 - Transfer of Money; Transfer of Funds From Deposit Account.

Section 440.9333 - Priority of Certain Liens Arising by Operation of Law.

Section 440.9334 - Priority of Security Interests in Fixtures and Crops.

Section 440.9335 - Accessions.

Section 440.9336 - Commingled Goods.

Section 440.9337 - Priority of Security Interests in Goods Covered by Certificate of Title.

Section 440.9338 - Priority of Security Interests or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information.

Section 440.9339 - Priority Subject to Subordination.