does a non ucc1 supersede a ucc1?
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Whether a non-UCC-1 security interest supersedes a UCC-1 security interest depends on several factors, including the type of collateral, the nature of the competing interest, and the relevant jurisdictional laws. Here’s a breakdown:


1. Priority Rules under the UCC

The Uniform Commercial Code (UCC) governs most secured transactions involving personal property. A UCC-1 financing statement generally gives a creditor priority in the specified collateral once it is properly filed. However, certain non-UCC interests can supersede a UCC-1 filing depending on the circumstances:

Examples of Non-UCC Interests That Might Supersede a UCC-1 Filing:

  • Statutory Liens (e.g., Tax Liens or Mechanic’s Liens):

    • Priority: Statutory liens often have super-priority under federal or state law, even if a UCC-1 is filed earlier.
    • Example: The IRS can file a tax lien that attaches to the debtor’s property and supersedes most other claims.
  • Possessory Liens:

    • Priority: A creditor who has physical possession of the collateral (e.g., a warehouse operator or repair shop with a mechanic’s lien) generally has priority over a UCC-1 filer.
    • Example: A repair shop may hold a vehicle until payment, even if the vehicle is collateral under a UCC-1 filing.
  • Purchase Money Security Interests (PMSIs):

    • Priority: PMSIs often take priority over other secured interests if certain requirements are met (e.g., timely filing or possession).
    • Example: A lender who finances the purchase of specific equipment can have priority over a UCC-1 filer covering general business assets.
  • Real Estate Interests:

    • Priority: Security interests in real estate (e.g., mortgages or deeds of trust) are governed by state real property laws, not the UCC. These interests typically have priority over UCC-1 filings unless the UCC-1 covers fixtures attached to the real property.
    • Example: A bank holding a mortgage on land will generally have priority over a UCC-1 filed for personal property on that land.
  • Judgment Liens:

    • Priority: Creditors who secure a judgment against a debtor may establish liens on certain property. Their priority depends on the timing and filing of the lien relative to the UCC-1.

2. General Priority Rules

  • First to File or Perfect: Under the UCC, the general rule is “first to file or perfect” has priority. If the non-UCC interest is filed or perfected first, it may have priority.
  • Exceptions: Statutory or possessory liens and specific priority rules (e.g., PMSIs) can override this rule.

3. Resolving Conflicts

When conflicts arise, courts or legal professionals analyze:

  • Timing: When was each interest perfected or filed?
  • Type of Interest: Is the competing interest a statutory lien, a possessory lien, or something else with special priority under law?
  • Collateral: Does the competing interest apply to the same collateral as the UCC-1 filing?

Conclusion

A non-UCC-1 security interest can supersede a UCC-1 in certain circumstances, particularly if it has statutory or possessory priority, or if it involves real estate or specific types of collateral. To determine the priority in a specific case, a detailed review of the applicable laws and facts is necessary. Let me know if you’d like to explore a particular example or scenario!