Mississippi Code

Miss. Code Ann. § 75-9-301 (2026)

Law governing perfection and priority of security interests

✓ current as of July 2026

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Except as otherwise provided in Sections 75-9-303 through 75-9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

(1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.

(2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.

(3) Except as otherwise provided in paragraph (4), while tangible negotiable documents, goods, instruments, money or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
- (A) Perfection of a security interest in the goods by filing a fixture filing;
- (B) Perfection of a security interest in timber to be cut; and
- (C) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.

(4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.

Former 1972 Code § 75-9-301 [Codes, 1942, § 41A:9-301; Laws, 1966, ch. 316, § 9-301; Laws, 1977, ch. 452, § 14; Laws, 1986, ch. 343, § 1; Laws, 1996, ch. 468, § 62; is now found in comparable provisions enacted at §§ 75-9-102, 75-9-317, and 75-9-323 by Laws, 2001, ch. 495, § 1. Present § 75-9-301 was derived from former 1972 Code § 75-9-103 [Codes, 1942, § 41A:9-103; Laws, 1966, ch. 316, § 9-103; Laws, 1977, ch. 452 § 6; Laws, 1990, ch. 384, § 47; Laws, 1996, ch. 460, § 21; Laws, 1996, ch. 468, § 56 and was enacted by Laws, 2001, ch. 495, § 1; Laws, 2006, ch. 527, § 63, eff. 7/1/2006.

Notes of Decisions

Cited in 6 cases, 1985–2018 · leading case: Shutze v. Credithrift of Am., Inc., 607 So. 2d 55 (Miss. 1992).

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Shutze v. Credithrift of Am., Inc., 607 So. 2d 55 (Miss. 1992). · cites it 2× “Miss. Code Ann. § 75-9-301 (4) (Supp. 1991).”

TXG Intrastate Pipeline Co. v. Grossnickle, 716 So. 2d 991 (Miss. 1997). “Miss. Code Ann. § 75-9-301 (4)(Supp. 1997).”

Greenville Riverboat, LLC v. Less, Getz & Lipman, P.L.L.C., 131 F. Supp. 2d 842 (S.D. Miss. 2000). “See Miss.Code Ann. § 75-9-301 (“[A]n unperfected security interest is subordinate to [p]ersons entitled to priority under Section 75-9-312[and][a] person who becomes a lien creditor before the security interest is perfected.”

Crosby v. Peoples Bank of Indianola, 472 So. 2d 951 (Miss. 1985). “Miss.Code Ann. § 75-9-301(l)(c) (1972). That statute, in pertinent part, provides that An unperfected security interest is subordinate to the rights of .”

Nat'l Truck Funding LLC v. Yolo Capital Inc. (In re Nat'l Truck Funding LLC), 589 B.R. 294 (Bankr. S.D. Miss. 2018). “9301 (1) ; see also Miss. Code Ann. § 75-9-301 (1). Because NTF is located in Nevada, the Nevada UCC applies.”

TXG Intrastate Pipeline Co v. Dean v. Grossnickle (Miss. 1994). “Miss. Code Ann. § 75-9-301 (4)(Supp. 1997).”

— Miss. Code Ann. § 75-9-301(l)(c) — 1 case

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