30-9A-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, this state 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 that is 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 30-9A-311(2), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
History: En. Sec. 56, Ch. 305, L. 1999; Sec. 30-9-357, MCA 1999; redes. 30-9A-337 by Code Commissioner, 2001.
Structure Montana Code Annotated
Chapter 9A. Uniform Commercial Code Secured Transactions
Part 3. Perfection and Priority
30-9A-301. Law governing perfection and priority of security interests
30-9A-302. Law governing perfection and priority of agricultural liens
30-9A-304. Law governing perfection and priority of security interests in deposit accounts
30-9A-305. Law governing perfection and priority of security interests in investment property
30-9A-306. Law governing perfection and priority of security interests in letter-of-credit rights
30-9A-308. When security interest or agricultural lien is perfected -- continuity of perfection
30-9A-309. Security interest perfected on attachment
30-9A-313. When possession by or delivery to secured party perfects security interest without filing
30-9A-314. Perfection by control
30-9A-315. Secured party's rights on disposition of collateral and in proceeds
30-9A-316. Effect of change in applicable law
30-9A-317. Interests that take priority over or take free of security interest or agricultural lien
30-9A-319. Rights and title of consignee with respect to creditors and purchasers
30-9A-321. Licensee of general intangible and lessee of goods in ordinary course of business
30-9A-322. Priorities among conflicting security interests and agricultural liens in same collateral
30-9A-324. Priority of purchase-money security interests
30-9A-325. Priority of security interests in transferred collateral
30-9A-326. Priority of security interests created by new debtor
30-9A-327. Priority of security interests in deposit account
30-9A-328. Priority of security interests in investment property
30-9A-329. Priority of security interests in letter-of-credit right
30-9A-330. Purchase of chattel paper or instrument
30-9A-332. Transfer of money -- transfer of funds from deposit account
30-9A-333. Priority of certain liens arising by operation of law
30-9A-334. Priority of security interests in fixtures and crops
30-9A-337. Priority of security interests in goods covered by certificate of title
30-9A-339. Priority subject to subordination
30-9A-340. Effectiveness of right of recoupment or setoff against deposit account
30-9A-341. Bank's rights and duties with respect to deposit account
30-9A-342. Bank's right to refuse to enter into or disclose existence of control agreement