UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.9302 Law governing perfection and priority of agricultural liens.
Sec. 9302.
While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1964, Act 235, Eff. Aug. 28, 1964 ;-- Am. 1976, Act 27, Imd. Eff. Mar. 4, 1976 ;-- Am. 1978, Act 369, Eff. Jan. 1, 1979 ;-- Am. 1978, Act 607, Eff. Jan. 6, 1979 ;-- Am. 1987, Act 16, Imd. Eff. Apr. 24, 1987 ;-- Am. 1996, Act 72, Imd. Eff. Feb. 26, 1996 ;-- Am. 1998, Act 278, Imd. Eff. July 27, 1998 ;-- Am. 2000, Act 348, Eff. July 1, 2001
Notes of Decisions
Boyd v. NBD Bank (In re Thomas), 231 B.R. 8 (Bankr. W.D. Mich. 1999).
· cites it 11× “See Mich.Comp.Laws Ann. § 440.9302(3)(b)(i) (security interest in property subject to Michigan Vehicle Code cannot be perfected by filing under Article 9).”
Frank v. Second Nat'l Bank of Saginaw (In re Gilbert), 82 B.R. 456 (Bankr. E.D. Mich. 1988).
· cites it 4× “§-) states: (3) The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to: (b) the following statutes of this state: (i) Section 216 of Act No.”
Prime Fin. Servs. LLC v. Vinton, 761 N.W.2d 694 (Mich. Ct. App. 2008).
“MCL 440.9302(1). However, under prior Article 9, a secured party could perfect its interest in instruments only by taking possession of the instruments.”
Matter of Cliff's Ridge Skiing Corp., 123 B.R. 753 (Bankr. W.D. Mich. 1991).
· cites it 2× “To be sufficient, a financing statement must: (1) state the names of the debtor and secured party, (2) be signed by the debtor, (3) provide the address of the secured party to allow inquiry about information regarding the security interest, (4) provide the mailing address of the…”
In re Seal, 192 B.R. 442 (Bankr. W.D. Mich. 1996).
· cites it 2× “] § 440.9302, with certain exceptions, generally requires that a financing statement must be filed to perfect a security interest.”
Chase Manhattan Mortg. Corp. v. Boyd (In re Damon J.), 270 B.R. 446 (W.D. Mich. 2001).
· cites it 22× “can be perfected only by compliance therewith _” Mich. Comp. Laws § 440.9302 (4). Appellee contends that the use of the word “only” requires a conclusion that the MHCA is exclusive and prevents a party from preserving a security interest in a mobile home by filing a mortgage on…”
In re v. Pangori & Sons, Inc., 53 B.R. 711 (Bankr. E.D. Mich. 1985).
· cites it 2× “Since the surety failed to perfect this interest by filing a financing statement, as required by Mich.Comp.Laws § 440.9302(1); Mich.Stat.Ann.”
In re Nat'l Welding of Michigan, Inc., 17 B.R. 624 (Bankr. W.D. Mich. 1982).
· cites it 2× “300 of the Public Acts of 1949, as amended, * * is equivalent to the filing of a financing statement under this article, and a security interest in property subject to the statute * * can be perfected only by compliance therewith.”
Nickell v. Lambrecht, 185 N.W.2d 155 (Mich. Ct. App. 1970).
· cites it 2× “19 The failure of the plaintiff to perfect his security interest by recording in accordance with the provisions of MCLA § 440.9302(3) (4) (Stat Ann 1964 Rev § 19.”
Mich. Comp. Laws § 440.9302(1): 7 cases
Prime Fin. Servs. LLC v. Vinton, 761 N.W.2d 694 (Mich. Ct. App. 2008).
“MCL 440.9302(1). However, under prior Article 9, a secured party could perfect its interest in instruments only by taking possession of the instruments.”
In re v. Pangori & Sons, Inc., 53 B.R. 711 (Bankr. E.D. Mich. 1985).
“Since the surety failed to perfect this interest by filing a financing statement, as required by Mich.Comp.Laws § 440.9302(1); Mich.Stat.Ann.”
Mich. Comp. Laws § 440.9302(3): 2 cases
Frank v. Second Nat'l Bank of Saginaw (In re Gilbert), 82 B.R. 456 (Bankr. E.D. Mich. 1988).
“§-) states: (3) The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to: (b) the following statutes of this state: (i) Section 216 of Act No.”
Nickell v. Lambrecht, 185 N.W.2d 155 (Mich. Ct. App. 1970).
“19 The failure of the plaintiff to perfect his security interest by recording in accordance with the provisions of MCLA § 440.9302(3) (4) (Stat Ann 1964 Rev § 19.”
Mich. Comp. Laws § 440.9302(3)(b): 4 cases
In re Seal, 192 B.R. 442 (Bankr. W.D. Mich. 1996).
“] § 440.9302, with certain exceptions, generally requires that a financing statement must be filed to perfect a security interest.”
Mich. Comp. Laws § 440.9302(3)(b)(i): 1 case
Boyd v. NBD Bank (In re Thomas), 231 B.R. 8 (Bankr. W.D. Mich. 1999).
“See Mich.Comp.Laws Ann. § 440.9302(3)(b)(i) (security interest in property subject to Michigan Vehicle Code cannot be perfected by filing under Article 9).”
Mich. Comp. Laws § 440.9302(4): 8 cases
Boyd v. NBD Bank (In re Thomas), 231 B.R. 8 (Bankr. W.D. Mich. 1999).
“See Mich.Comp.Laws Ann. § 440.9302(3)(b)(i) (security interest in property subject to Michigan Vehicle Code cannot be perfected by filing under Article 9).”
Frank v. Second Nat'l Bank of Saginaw (In re Gilbert), 82 B.R. 456 (Bankr. E.D. Mich. 1988).
“§-) states: (3) The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to: (b) the following statutes of this state: (i) Section 216 of Act No.”
Chase Manhattan Mortg. Corp. v. Boyd (In re Damon J.), 270 B.R. 446 (W.D. Mich. 2001).
“can be perfected only by compliance therewith _” Mich. Comp. Laws § 440.9302 (4). Appellee contends that the use of the word “only” requires a conclusion that the MHCA is exclusive and prevents a party from preserving a security interest in a mobile home by filing a mortgage on…”
Mich. Comp. Laws § 440.9302(l): 1 case
Mich. Comp. Laws § 440.9302(l)(a): 2 cases
Mich. Comp. Laws § 440.9302(l)(d): 2 cases
Matter of Cliff's Ridge Skiing Corp., 123 B.R. 753 (Bankr. W.D. Mich. 1991).
“To be sufficient, a financing statement must: (1) state the names of the debtor and secured party, (2) be signed by the debtor, (3) provide the address of the secured party to allow inquiry about information regarding the security interest, (4) provide the mailing address of the…”
Mich. Comp. Laws § 440.9302(l)(e): 1 case
Mich. Comp. Laws § 440.9302(lXe): 1 case
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