Question
ABC Corporation sold the assets of its Tim Hortons franchise to XYZ Company. XYZ Company granted a chattel mortgage to ABC Corporation. The mortgage was
ABC Corporation sold the assets of its Tim Hortons franchise to XYZ Company. XYZ Company granted a chattel mortgage to ABC Corporation. The mortgage was guaranteed by Mr. Purple, whose wife was the sole shareholder of XYZ Company. Due to an oversight, the financing statement was not registered in the PPSA registration system. Subsequently, Mrs. Purple filed a financing statement in the PPSA registry system regarding loans that she had made to XYZ Company. She had actual notice of the guarantee given by her husband to the ABC Corporation and of ABC Corporations chattel mortgage. When ABC Corporation discovered the error, it registered a financing statement dealing with its chattel mortgage with the PPSA registry system and brought an application to reduce the priority of Mrs. Purples security interest. Who will win this lawsuit and why? (5 points)
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