(a) Conflicting security interests and rights of lien creditors.--A security interest or agricultural lien is subordinate to the rights of all of the following:
(1) A person entitled to priority under section 9322 (relating to priorities among conflicting security interests in and agricultural liens on same collateral).
(2) Except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time:
(i) the security interest or agricultural lien is perfected; or
(ii) one of the conditions specified in section 9203(b)(3) (relating to enforceability) is met and a financing statement covering the collateral is filed.
(b) Buyers that receive delivery.--Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(c) Lessees that receive delivery.--Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
(d) Licensees and buyers of certain collateral.--A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
(e) Purchase-money security interest.--Except as otherwise provided in sections 9320 (relating to buyer of goods) and 9321 (relating to licensee of general intangible and lessee of goods in ordinary course of business), if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor which arise between the time the security interest attaches and the time of filing.
(Apr. 16, 2008, P.L.57, No.13, eff. 60 days; June 27, 2013, P.L.154, No.30, eff. July 1, 2013)
2013 Amendment. Act 30 amended subsecs. (b) and (d).
Cross References. Section 9317 is referred to in section 2A307 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 93 - Perfection and Priority
Section 9301 - Law governing perfection and priority of security interests
Section 9302 - Law governing perfection and priority of agricultural liens
Section 9304 - Law governing perfection and priority of security interests in deposit accounts
Section 9305 - Law governing perfection and priority of security interests in investment property
Section 9307 - Location of debtor
Section 9308 - When security interest or agricultural lien is perfected; continuity of perfection
Section 9309 - Security interest perfected upon attachment
Section 9314 - Perfection by control
Section 9315 - Secured party's rights on disposition of collateral and in proceeds
Section 9316 - Effect of change in governing law
Section 9319 - Rights and title of consignee with respect to creditors and purchasers
Section 9321 - Licensee of general intangible and lessee of goods in ordinary course of business
Section 9323 - Future advances
Section 9324 - Priority of purchase-money security interests
Section 9325 - Priority of security interests in transferred collateral
Section 9326 - Priority of security interests created by new debtor
Section 9327 - Priority of security interests in deposit account
Section 9328 - Priority of security interests in investment property
Section 9329 - Priority of security interests in letter-of-credit right
Section 9330 - Priority of purchaser of chattel paper or instrument
Section 9332 - Transfer of money; transfer of funds from deposit account
Section 9333 - Priority of certain liens arising by operation of law
Section 9334 - Priority of security interests in fixtures and crops
Section 9336 - Commingled goods
Section 9337 - Priority of security interests in goods covered by certificate of title
Section 9339 - Priority subject to subordination
Section 9340 - Effectiveness of right of recoupment or set-off against deposit account
Section 9341 - Bank's rights and duties with respect to deposit account
Section 9342 - Bank's right to refuse to enter into or disclose existence of control agreement