West Virginia Code
Article 9. Secured Transactions; Sales of Accounts and Chattel Paper
§46-9-322. Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

(a) General priority rules. 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) Time of perfection: proceeds and supporting obligations. 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) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f) of this section, a security interest in collateral which qualifies for priority over a conflicting security interest under section 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) First-to-file priority rule for certain collateral. Subject to subsection (e) of this section and except as otherwise provided in subsection (f) of this section, 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) Applicability of subsection (d). Subsection (d) of this section 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) Limitations on subsections (a) through (e). Subsections (a) through (e), inclusive, of this section are subject to:
(1) Subsection (g) of this section and the other provisions of this part;
(2) Section 4-210 with respect to a security interest of a collecting bank;
(3) Section 5-118 with respect to a security interest of an issuer or nominated person; and
(4) Section 9-110 with respect to a security interest arising under article two or two-a.
(g) Priority under agricultural lien statute. 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 West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 9. Secured Transactions; Sales of Accounts and Chattel Paper

§46-9-101. Short Title

§46-9-102. Definitions and Index of Definitions

§46-9-103. Purchase-Money Security Interest; Application of Payments; Burden of Establishing

§46-9-103a. &Quot;production-Money Crops"; &Quot;production-Money Obligation"; Production-Money Security Interest; Burden of Establishing

§46-9-104. Control of Deposit Account

§46-9-105. Control of Electronic Chattel Paper

§46-9-106. Control of Investment Property

§46-9-107. Control of Letter-of-Credit Right

§46-9-108. Sufficiency of Description

§46-9-109. Scope

§46-9-110. Security Interests Arising Under Article Two or Two-A

§46-9-201. General Effectiveness of Security Agreement

§46-9-202. Title to Collateral Immaterial

§46-9-203. Attachment and Enforceability of Security Interest; Proceeds; Supporting Obligations; Formal Requisites

§46-9-204. After-Acquired Property; Future Advances

§46-9-205. Use or Disposition of Collateral Permissible

§46-9-206. Security Interest Arising in Purchase or Delivery of Financial Asset

§46-9-207. Rights and Duties of Secured Party Having Possession or Control of Collateral

§46-9-208. Additional Duties of Secured Party Having Control of Collateral

§46-9-209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment

§46-9-210. Request for Accounting; Request Regarding List of Collateral or Statement of Account

§46-9-301. Law Governing Perfection and Priority of Security Interests

§46-9-302. Law Governing Perfection and Priority of Agricultural Liens

§46-9-303. Law Governing Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title

§46-9-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts

§46-9-305. Law Governing Perfection and Priority of Security Interests in Investment Property

§46-9-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

§46-9-307. Location of Debtor

§46-9-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

§46-9-309. Security Interest Perfected Upon Attachment

§46-9-310. When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

§46-9-311. Perfection of Security Interests in Property Subject to Certain Statutes, Regulations and Treaties

§46-9-312. 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 Without...

§46-9-313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

§46-9-314. Perfection by Control

§46-9-315. Secured Party's Rights on Disposition of Collateral and in Proceeds

§46-9-316. Effect of Change in Governing Law

§46-9-317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

§46-9-318. 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

§46-9-319. Rights and Title of Consignee With Respect to Creditors and Purchasers

§46-9-320. Buyer of Goods

§46-9-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business

§46-9-322. Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

§46-9-323. Future Advances

§46-9-324. Priority of Purchase-Money Security Interests

§46-9-324a. Priority of Production-Money Security Interests and Agricultural Liens

§46-9-325. Priority of Security Interests in Transferred Collateral

§46-9-326. Priority of Security Interests Created by New Debtor

§46-9-327. Priority of Security Interests in Deposit Account

§46-9-328. Priority of Security Interests in Investment Property

§46-9-329. Priority of Security Interests in Letter-of-Credit Right

§46-9-330. Priority of Purchaser of Chattel Paper or Instrument

§46-9-331. Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Article Eight

§46-9-332. Transfer of Money; Transfer of Funds From Deposit Account

§46-9-333. Priority of Certain Liens Arising by Operation of Law

§46-9-334. Priority of Security Interests in Fixtures and Crops

§46-9-335. Accessions

§46-9-336. Commingled Goods

§46-9-337. Priority of Security Interests in Goods Covered by Certificate of Title

§46-9-338. Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

§46-9-339. Priority Subject to Subordination

§46-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

§46-9-341. Bank's Rights and Duties With Respect to Deposit Account

§46-9-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement

§46-9-401. Alienability of Debtor's Rights

§46-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort

§46-9-403. Agreement Not to Assert Defenses Against Assignee

§46-9-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee

§46-9-405. Modification of Assigned Contract

§46-9-406. Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Restrictions on Assignment of Accounts, Chattel Paper, Payment Intangibles and Promissory Notes Ineffective

§46-9-407. Restrictions on Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest

§46-9-408. Restrictions on Assignment of Promissory Notes, Health-Care-Insurance Receivables and Certain General Intangibles Ineffective

§46-9-409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective

§46-9-501. Filing Office

§46-9-502. Contents of Financing Statement; Record of Mortgage as Financing Statement; Time of Filing Financing Statement

§46-9-503. Name of Debtor and Secured Party

§46-9-504. Indication of Collateral

§46-9-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Other Bailments and Other Transactions

§46-9-506. Effect of Errors or Omissions

§46-9-507. Effect of Certain Events on Effectiveness of Financing Statement

§46-9-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement

§46-9-509. Persons Entitled to File a Record

§46-9-510. Effectiveness of Filed Record

§46-9-511. Secured Party of Record

§46-9-512. Amendment of Financing Statement

§46-9-513. Termination Statement

§46-9-514. Assignment of Powers of Secured Party of Record

§46-9-515. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement

§46-9-516. What Constitutes Filing; Effectiveness of Filing

§46-9-516a. Filing Fraudulent Records; Civil and Criminal Penalties; Administrative Proceedings; Immunity From Liability

§46-9-517. Effect of Indexing Errors

§46-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record

§46-9-519. Numbering, Maintaining and Indexing Records; Communicating Information Provided in Records

§46-9-520. Acceptance and Refusal to Accept Record

§46-9-521. Written Financing Statement and Amendment Thereto

§46-9-522. Maintenance and Destruction of Records

§46-9-523. Information From Filing Office; Sale or License of Records

§46-9-524. Delay by Filing Office

§46-9-525. Fees

§46-9-526. Filing-Office Rules

§46-9-527. Duty to Report

§46-9-601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles or Promissory Notes

§46-9-602. Waiver and Variance of Rights and Duties

§46-9-603. Agreement on Standards Concerning Rights and Duties

§46-9-604. Procedure if Security Agreement Covers Real Property or Fixtures

§46-9-605. Unknown Debtor or Secondary Obligor

§46-9-606. Time of Default for Agricultural Lien

§46-9-607. Collection and Enforcement by Secured Party

§46-9-608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

§46-9-609. Secured Party's Right to Take Possession After Default

§46-9-610. Disposition of Collateral After Default

§46-9-611. Notification Before Disposition of Collateral

§46-9-612. Timeliness of Notification Before Disposition of Collateral

§46-9-613. Contents and Form of Notification Before Disposition of Collateral: General

§46-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

§46-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus

§46-9-616. Explanation of Calculation of Surplus or Deficiency

§46-9-617. Rights of Transferee of Collateral

§46-9-618. Rights and Duties of Certain Secondary Obligors

§46-9-619. Transfer of Record or Legal Title

§46-9-620. Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

§46-9-621. Notification of Proposal to Accept Collateral

§46-9-622. Effect of Acceptance of Collateral

§46-9-623. Right to Redeem Collateral

§46-9-624. Waiver

§46-9-625. Remedies for Secured Party's Failure to Comply With Article

§46-9-626. Action in Which Deficiency or Surplus Is in Issue

§46-9-627. Determination of Whether Conduct Was Commercially Reasonable

§46-9-628. Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor

§46-9-701. Effective Date

§46-9-702. Savings Clause

§46-9-703. Security Interest Perfected Before Effective Date

§46-9-704. Security Interest Unperfected Before Effective Date

§46-9-705. Effectiveness of Action Taken Before Effective Date

§46-9-706. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-707. Amendment of Preeffective-Date Financing Statement

§46-9-708. Persons Entitled to File Initial Financing Statement or Continuation Statement

§46-9-709. Priority

§46-9-801. Effective Date

§46-9-802. Savings Clause

§46-9-803. Security Interest Perfected Before Effective Date

§46-9-804. Security Interest Unperfected Before Effective Date

§46-9-805. Effectiveness of Action Taken Before Effective Date

§46-9-806. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-807. Amendment of Preeffective-Date Financing Statement

§46-9-808. Person Entitled to File Initial Financing Statement or Continuation Statement

§46-9-809. Priority