Question
Why is the answer yes. I thought the answer was no. It is a fixture, not a consumer good. YES - Easy is entitled to
Why is the answer yes. I thought the answer was no. It is a fixture, not a consumer good. "YES - Easy is entitled to auto perfection under 9-309 - BUT in order to take advantage of 9-334(d) they have to file a fixture filing within 20 days."
I am confused. I know that PMSI consumer goods have automatic perfection. However, I thought that the trash compactor was a fixture, not a consumer good. So, I said "no." Is "yes" or "no" correct and why?
My question is about question 100, but I have included question 99 because the question refers to the previous question.
Problem 100
Assume Tuesday (last Problem) bought a trash compactor on credit from Easy Credit Department Store and had her kitchen area remodeled to accommodate it. It was installed on May 5. Easy Credit comes to you on May 7.
Is Easy entitled to automatic perfection of its security interest in consumer goods here? See Official Comment 3 (last sentence) to 9-309.
oYES - Easy is entitled to auto perfection under 9-309 - BUT in order to take advantage of 9-334(d) they have to file a fixture filing within 20 days.
oOfficial comment 3: fixture filing is required for priority over conflicting interests in fixtures
Problem 99
After the building was complete, Tuesday Tenant moved in. Not liking the refrigerator Simon had installed, she had him remove it, and she bought another refrigerator on time from Easy Credit Department Store, which reserved a security interest therein but never filed a financing statement. Assume state real property laws permit Construction State Bank's after acquired property mortgage to reach fixtures installed by lessees. (If they do not, Easy Credit will always prevail. See 9-334(f)(2).)
Will Easy Credit be entitled to priority if it is forced to repossess?
oNO. A PMSI in a fixture has priority over a real estate mortgage if the holder of the PMSI makes a fixture filing before affixation or within 20 days thereafter. Dept. Store did not do that in this case.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started