Question
Darryl Jones, a full-time insurance salesman, bought a set of drums on January 15 th , 2020 from Becker Brothers Music Supply Company (BBMSC). A
Darryl Jones, a full-time insurance salesman, bought a set of drums on January 15th, 2020 from Becker Brothers Music Supply Company (BBMSC). A security agreement was executed between Jones and Becker. However, the security agreement was never filed. Jones purchased the drums to supplement his income by playing in a band. Jones played several instruments and had played a number of banks in the past. Jones, also used the drum set as collateral for a line of credit with Washington Bank on September 17, 2020. Jones and Washington Bank executed a security agreement which Washington Bank filed on September 18, 2020. Both Jones and the bank signed the agreement. The agreement described the collateral in detail.
Jones failed to make his monthly payments to Becker Brothers Music Supply and Washington Bank.
Required: How do the security interests attach in this case? Does Becker Brothers Music Supply Company and/or Washington Bank have perfection? Who gets the collateral and why?
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