UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.9110 Security interests arising under article 2 or 2A.
Sec. 9110.
A security interest arising under section 2401, 2505, 2711(3), or 2A508(5) is subject to this article. However, until the debtor obtains possession of the goods, all of the following apply:
(a) The security interest is enforceable, even if section 9203(2)(c) has not been satisfied.
(b) Filing is not required to perfect the security interest.
(c) The rights of the secured party after default by the debtor are governed by article 2 or 2A.
(d) The security interest has priority over a conflicting security interest created by the debtor.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 2000, Act 348, Eff. July 1, 2001
Notes of Decisions
Michigan Tractor & Mach. Co. v. Elsey, 549 N.W.2d 27 (Mich. Ct. App. 1996).
“See Official Comment to UCC 9-110, MCL 440.9110; MSA 19.9110. The Court of Appeals for the Ninth Circuit analyzed the conflict between the positions expressed in *101 Taylored Products and American Employers and explained that the rationale for the American Employers line of…”
McLeod v. Sears, Roebuck & Co. (In Re McLeod), 245 B.R. 518 (Bankr. E.D. Mich. 2000).
· cites it 4× “” Mich. Comp. Laws Ann. § 440.9105 (1). The description of the collateral is sufficient “if it reasonably identifies what is described.”
Citizens Com. & Sav. Bank v. Elridge (In Re Elridge), 10 B.R. 835 (Bankr. E.D. Mich. 1981).
“§ 440.9110. In addition, the Bank cites several cases which tend to illustrate that a “minor” error in the description of collateral is not fatal to the perfection of a security interest.”
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