Statutes > Arizona Statutes > Title 47 - Uniform Commercial Code > 47-9317

47-9317

47-9317. Interests that take priority over or take free of security interest or agricultural lien

A. A security interest or agricultural lien is subordinate to the rights of:

1. A person entitled to priority under section 47-9322; and

2. Except as otherwise provided in subsection E of this section, a person that becomes a lien creditor before the earlier of the time:

(a) The security interest or agricultural lien is perfected; or

(b) One of the conditions specified in section 47-9203, subsection B, paragraph 3 is met and a financing statement covering the collateral is filed.

B. Except as otherwise provided in subsection E of this section, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments or a security certificate 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. Except as otherwise provided in subsection E of this section, 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. A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents, general intangibles or investment property other than 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. Except as otherwise provided in sections 47-9320 and 47-9321, if a person files a financing statement with respect to a purchase money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor that arise between the time the security interest attaches and the time of filing.