12A:9-338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information - New Jersey Statutes

12A:9-338  Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

12A:9-338.  Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information. 

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in 12A:9-516 (b) (5) which is incorrect at the time the financing statement is filed:

(1)the security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and

(2)a purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of chattel paper, documents, goods, instruments, or a security certificate, receives delivery of the collateral.

L.2001, c.117, s.1; amended 2001, c.386, s.54.
 
12A:9-339.  Priority subject to subordination
 

12A:9-339.  Priority Subject to Subordination.

This chapter does not preclude subordination by agreement by a person entitled to priority.

L.2001, c.117, s.1.