Question

Redford is a seller of electric generators. He purchases a large quantity of generators from a manufacturer, Mallon Corp.,by making a down payment and signing an agreement to make the balance of payments over a period of time.The agreement gives Mallon Corp. a security interest in the generators and the proceeds. Mallon Corp. properly files a financing statement on its security interest. Redford receives the generators and immediately sells one of them to Garfield on an installment contract, with payment to be made in twelve equal installments.At the time of the sale, Garfield knows of Mallon’s security interest. Two months later, Redford goes into default on his payments to Mallon. Discuss Mallon’s rights against Garfield in this situation.

Answer 1

Under the UCC 1-201(37) Mallon has a security enthusiasm for the generator it provided to Redford as a security under UCC 9-102(4(72)). The generator is insurance under UCC 9-102(a) (12) thus, long as Mallon documents has recorded its consummated security intrigue first under UCC 9-322(a) (1), it will have need in taking the guarantee from Garfield.

If Mallon's and Redford's liens were both idealized, at that point the first to record or claim the security has need under UCC 9-322(a)(1). Under UCC 9-322(a)(3), the first of un-perfected security interests to append has need.

A special case that Mallon should know about is under UCC 9-320(a), where in a purchaser (Garfield) of products in the customary course of the dealer's (Redford) business, the purchaser beats a secure about gathering's (Mallon) intrigue, regardless of whether idealized and regardless of whether the purchaser is aware of the security intrigue.