Wisconsin Statutes & Annotations
Chapter 409 - Uniform commercial code — secured transactions.
409.334 - Priority of security interests in fixtures and crops.

409.334 Priority of security interests in fixtures and crops.
(1) Security interest in fixtures under this chapter. A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this chapter in ordinary building materials incorporated into an improvement on land.
(2) Security interest in fixtures under real property law. This chapter does not prevent creation of an encumbrance upon fixtures under real property law.
(3) General rule: subordination of security interest in fixtures. In cases not governed by subs. (4) to (8), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.
(4) Fixtures purchase-money priority. Except as otherwise provided in sub. (8), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:
(a) The security interest is a purchase-money security interest;
(b) The interest of the encumbrancer or owner arises before the goods become fixtures; and
(c) The security interest is perfected by a fixture filing before the goods become fixtures or within 20 days thereafter.
(5) Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:
(a) The debtor has an interest of record in the real property or is in possession of the real property and the security interest:
1. Is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and
2. Has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner;
(b) Before the goods become fixtures, the security interest is perfected by any method permitted by this chapter and the fixtures are readily removable:
1. Factory or office machines;
2. Equipment that is not primarily used or leased for use in the operation of the real property; or
3. Replacements of domestic appliances that are consumer goods;
(c) The conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this chapter; or
(d) The security interest is:
1. Created in a manufactured home in a manufactured-home transaction; and
2. Perfected pursuant to a statute described in s. 409.311 (1) (b) or (f).
(6) Priority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:
(a) The encumbrancer or owner has, in an authenticated record, consented to the security interest or disclaimed an interest in the goods as fixtures; or
(b) The debtor has a right to remove the goods as against the encumbrancer or owner.
(7) Continuation of sub. (6) priority. The priority of the security interest under sub. (6) (b) continues for a reasonable time if the debtor's right to remove the goods as against the encumbrancer or owner terminates.
(8) Priority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subs. (5) and (6), a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.
(9) Priority of security interest in crops. A perfected security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.
History: 2001 a. 10.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 409 - Uniform commercial code — secured transactions.

409.101 - Short title.

409.102 - Definitions and index of definitions.

409.103 - Purchase-money security interest; application of payments; burden of establishing.

409.1035 - Production-money crops; production-money obligation; production-money security interest; burden of establishing.

409.104 - Control of deposit account.

409.105 - Control of electronic chattel paper.

409.106 - Control of investment property.

409.107 - Control of letter-of-credit right.

409.108 - Sufficiency of description.

409.109 - Scope.

409.110 - Security interests arising under ch. 402 or 411.

409.201 - General effectiveness of security agreement.

409.202 - Title to collateral immaterial.

409.203 - Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

409.204 - After-acquired property; future advances.

409.205 - Use or disposition of collateral permissible.

409.206 - Security interest arising in purchase or delivery of financial asset.

409.207 - Rights and duties of secured party having possession or control of collateral.

409.208 - Additional duties of secured party having control of collateral.

409.209 - Duties of secured party if account debtor has been notified of assignment.

409.210 - Request for accounting; request regarding list of collateral or statement of account.

409.301 - Law governing perfection and priority of security interests.

409.302 - Law governing perfection and priority of agricultural liens.

409.303 - Law governing perfection and priority of security interests in goods covered by a certificate of title.

409.304 - Law governing perfection and priority of security interests in deposit accounts.

409.305 - Law governing perfection and priority of security interests in investment property.

409.306 - Law governing perfection and priority of security interests in letter-of-credit rights.

409.307 - Location of debtor.

409.308 - When security interest or agricultural lien is perfected; continuity of perfection.

409.309 - Security interest perfected upon attachment.

409.310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

409.311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

409.312 - 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...

409.313 - When possession by or delivery to secured party perfects security interest without filing.

409.314 - Perfection by control.

409.315 - Secured party's rights on disposition of collateral and in proceeds.

409.316 - Effect of change in governing law.

409.317 - Interests that take priority over or take free of security interest or agricultural lien.

409.318 - 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.

409.319 - Rights and title of consignee with respect to creditors and purchasers.

409.320 - Buyer of goods.

409.321 - Licensee of general intangible and lessee of goods in ordinary course of business.

409.322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

409.323 - Future advances.

409.324 - Priority of purchase-money security interests.

409.3245 - Priority of production-money security interests and agricultural liens.

409.325 - Priority of security interests in transferred collateral.

409.326 - Priority of security interests created by new debtor.

409.327 - Priority of security interests in deposit account.

409.328 - Priority of security interests in investment property.

409.329 - Priority of security interests in letter-of-credit right.

409.330 - Priority of purchaser of chattel paper or instrument.

409.331 - Priority of rights of purchasers of instruments, documents, and securities under other chapters; priority of interests in financial assets and security entitlements under ch. 408.

409.332 - Transfer of money; transfer of funds from deposit account.

409.333 - Priority of certain liens arising by operation of law.

409.334 - Priority of security interests in fixtures and crops.

409.335 - Accessions.

409.336 - Commingled goods.

409.337 - Priority of security interests in goods covered by certificate of title.

409.338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

409.339 - Priority subject to subordination.

409.340 - Effectiveness of right of recoupment or setoff against deposit account.

409.341 - Bank's rights and duties with respect to deposit account.

409.342 - Bank's right to refuse to enter into or disclose existence of control agreement.

409.401 - Alienability of debtor's rights.

409.402 - Secured party not obligated on contract of debtor or in tort.

409.403 - Agreement not to assert defenses against assignee.

409.404 - Rights acquired by assignee; claims and defenses against assignee.

409.405 - Modification of assigned contract.

409.406 - 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.

409.407 - Restrictions on creation or enforcement of security interest in leasehold interest or in leasor's residual interest.

409.408 - Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.

409.409 - Restrictions on assignment of letter-of-credit rights ineffective.

409.501 - Filing office.

409.502 - Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

409.503 - Name of debtor and secured party.

409.504 - Indication of collateral.

409.505 - Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

409.506 - Effect of errors or omissions.

409.507 - Effect of certain events on effectiveness of financing statement.

409.508 - Effectiveness of financing statement if new debtor becomes bound by security agreement.

409.509 - Persons entitled to file a record.

409.510 - Effectiveness of filed record.

409.511 - Secured party of record.

409.512 - Amendment of financing statement.

409.513 - Termination statement.

409.514 - Assignment of powers of secured party of record.

409.515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

409.516 - What constitutes filing; effectiveness of filing.

409.517 - Effect of indexing errors.

409.518 - Claim concerning inaccurate or wrongfully filed record.

409.519 - Numbering, maintaining, and indexing records; communicating information provided in records.

409.520 - Acceptance and refusal to accept record; social security numbers.

409.521 - Uniform form of written financing statement and amendment.

409.522 - Maintenance and destruction of records.

409.523 - Information from filing office; sale or license of records.

409.524 - Delay by filing office.

409.525 - Fees.

409.526 - Filing-office rules.

409.527 - Duty to report.

409.528 - Statewide lien system.

409.601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

409.602 - Waiver and variance of rights and duties.

409.603 - Agreement on standards concerning rights and duties.

409.604 - Procedure if security agreement covers real property or fixtures.

409.605 - Unknown debtor or secondary obligor.

409.606 - Time of default for agricultural lien.

409.607 - Collection and enforcement by secured party.

409.608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

409.609 - Secured party's right to take possession after default.

409.610 - Disposition of collateral after default.

409.611 - Notification before disposition of collateral.

409.612 - Timeliness of notification before disposition of collateral.

409.613 - Contents and form of notification before disposition of collateral: general.

409.614 - Contents and form of notification before disposition of collateral: consumer-goods transaction.

409.615 - Application of proceeds of disposition; liability for deficiency and right to surplus.

409.616 - Explanation of calculation of surplus or deficiency.

409.617 - Rights of transferee of collateral.

409.618 - Rights and duties of certain secondary obligors.

409.619 - Transfer of record or legal title.

409.620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

409.621 - Notification of proposal to accept collateral.

409.622 - Effect of acceptance of collateral.

409.623 - Right to redeem collateral.

409.624 - Waiver.

409.625 - Remedies for secured party's failure to comply with chapter.

409.626 - Action in which deficiency or surplus is in issue.

409.627 - Determination of whether conduct was commercially reasonable.

409.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.

409.702 - Savings clause.

409.703 - Security interest perfected before effective date.

409.704 - Security interest unperfected before effective date.

409.705 - Effectiveness of action taken before effective date.

409.706 - When initial financing statement suffices to continue effectiveness of financing statement.

409.707 - Amendment of preeffective-date financing statement.

409.708 - Persons entitled to file initial financing statement or continuation statement.

409.709 - Priority.

409.710 - Special transitional provision for maintaining and searching local filing office records.

409.802 - Savings clause.

409.803 - Security interest perfected before effective date.

409.804 - Security interest unperfected before effective date.

409.805 - Effectiveness of action taken before effective date.

409.806 - When initial financing statement suffices to continue effectiveness of financing statement.

409.807 - Amendment of preeffective-date financing statement.

409.808 - Persons entitled to file initial financing statement or continuation statement.

409.809 - Priority.