Wisconsin Statutes

Wis. Stat. § 409.201 (2026)

General effectiveness of security agreement

✓ current as of July 2026
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409.201409.201General effectiveness of security agreement.
409.201(1)(1)General effectiveness. Except as otherwise provided in chs. 401 to 411, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
409.201(2)(2)Applicable consumer laws and other law. A transaction subject to this chapter is subject to any applicable rule of law which establishes a different rule for consumers and to chs. 138, 421 to 427, and 429 and s. 182.025.
409.201(3)(3)Other applicable law controls. In case of conflict between this chapter and a rule of law, statute, or rule described in sub. (2), the rule of law, statute, or rule controls. Failure to comply with a statute or rule described in sub. (2) has only the effect the statute or rule specifies.
409.201(4)(4)Further deference to other applicable law. This chapter does not:
409.201(4)(a)(a) Validate any rate, charge, agreement, or practice that violates a rule of law, statute, or rule described in sub. (2); or
409.201(4)(b)(b) Extend the application of the rule of law, statute, or rule to a transaction not otherwise subject to the rule of law, statute, or rule.
409.201 HistoryHistory: 2001 a. 10.
Notes of Decisions
Cited in 8 cases, 1967–2020 · leading case: Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989).
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 409.201 (“Except as otherwise provided by chs.”
Chrysler Corp. v. Adamatic, Inc., 208 N.W.2d 97 (Wis. 1973). “A perfected security interest gives the secured creditor rights in the goods themselves, and under the rule of sec. 409.201, Stats., those rights follow the collateral into the hands of subsequent owners.”
Matter of Wood, 47 B.R. 774 (Bankr. W.D. Wis. 1985). “The creditors have asserted no bases upon which I can find that they are entitled to priority over Laufenberg’s interest in the proceeds.”
Farmers Implement Store of Mineral Point, Inc. v. Jorenby (In Re Jorenby), 393 B.R. 663 (Bankr. W.D. Wis. 2008). · cites it 2× “Jorenby. Trials in the two cases were held consecutively, and the cases were taken under advisement to clarify the meaning of § 523(a)(6).”
In Re Shepler, 78 B.R. 217 (Bankr. W.D. Wis. 1987). “Wisconsin Statutes § 409.201. When the Bank legally took possession of the collateral upon the default of the debtor the Bank perfected its security interest in the property.”
First Nat'l Bank of Glendale v. Sheriff of Milwaukee Cnty., 149 N.W.2d 548 (Wis. 1967). “Sec. 409.201, Stats., provides: “Except as otherwise provided by this code a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors .”
Stacey L Friedrich (Bankr. W.D. Wis. 2020). · cites it 4× “” Wis. Stat. § 409.201 (1). The Bank secured repayment of the Notes through multiple Commercial Security Agreements, in which the LLC granted the Bank a security interest in all its assets.”
Sierra Fin. Corp. v. Excel Labs., LLC, 589 N.W.2d 432 (Wis. Ct. App. 1998). · cites it 2× “" See § 409.201, Stats. Likewise, in our de novo review, we must determine the meaning of the security agreement "according to its terms.”
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