Wisconsin Statutes
Wis. Stat. § 409.301 (2026)
Law governing perfection and priority of security interests
✓ current as of July 2026
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409.301409.301 Law governing perfection and priority of security interests. Except as otherwise provided in ss. 409.303 to 409.306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
409.301(1)(1) Location of debtor. 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.
409.301(2)(2) Location of collateral. 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.
409.301(3)(3) Location of property. Except as otherwise provided in sub. (4), while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
409.301(3)(c)(c) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
409.301(4)(4) Location of wellhead or minehead. 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.
Notes of Decisions
Cited in 19
cases, 1967–2014 · leading case: Associated Bank N.A. v. Jack W. Collier, 2014 WI 62 (Wis. 2014).
Associated Bank N.A. v. Jack W. Collier, 2014 WI 62 (Wis. 2014). “203 ; Wis. Stat. § 409.301 et. seq.; see generally Smith & Spidahl Enters.”
Muggli Dental Studio v. Taylor, 419 N.W.2d 322 (Wis. Ct. App. 1987). “Sec. 409.301(l)(b), Stats. To perfect a security interest in the property in question, a financing statement must be filed or the collateral must be in the possession of the secured party.”
Appeal of Mann v. Bankr. Est. of Badger Lines, Inc., 590 N.W.2d 270 (Wis. 1999). “, Wis. Stat. § 409.301 et seq. (perfecting security interests in secured transactions).”
Miracle Feeds, Inc. v. Attica Dairy Farm, 385 N.W.2d 208 (Wis. Ct. App. 1986). “Sections 409.301(1)(a) and (b) and 409.312 Stats.”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 409.301(l)(b) (1987-88). The bankruptcy trustee holds the rights of a hypothetical lien creditor, and can void the junior lien.”
United States v. Fullpail Cattle Sales, Inc., 640 F. Supp. 976 (E.D. Wis. 1986). “Wis.Stat. § 409.301. Therefore, with respect to the thirty-five holstein cows, the plaintiff’s interest is senior.”
In Re Waldvogel, 125 B.R. 13 (Bankr. E.D. Wis. 1991). “§ 409.301(l)(b) 4 an unperfected security interest in personal property is subordinate to the interests of a person who becomes a *15 lien creditor prior to perfection.”
Owens v. Nat'l Boulevard Bank (In Re Smith), 16 B.R. 111 (Bankr. E.D. Wis. 1981). “Under § 409.301(l)(b) of the Wisconsin Statutes an unperfected security interest in personal property is subordinate to the interest of a person who becomes a lien creditor prior to perfection.”
Matter of Don Miller, Inc., 35 B.R. 714 (Bankr. E.D. Wis. 1984). “§ 544 (a) 7 and § 409.301(l)(b), 8 Wis. *718 Stat., are superior to any interest Miller may claim in the debtor’s property.”
City Bank & Trust Co. of Portage v. Don's Elec., Inc. (In Re Don's Elec., Inc.), 65 B.R. 399 (Bankr. W.D. Wis. 1986). “§ 409.301 et seq. USF & G argues that subrogation rights are not subject to the provisions of Article 9 of the UCC.”
Bank of Holmen v. Ruf (In Re Ruf), 32 B.R. 169 (Bankr. W.D. Wis. 1983). “Bee Wis. Stat. §§ 409.301 (l)(a) and .312(5).”
In re Saxe, 491 B.R. 244 (Bankr. W.D. Wis. 2013). “Wis. Stat. § 409.301 , et seq. The UCC also specifies the contents of a financing statement, and controls how security interests in different types of collateral are created and perfected.”
— Wis. Stat. § 409.301(1)(a) — 1 case
Miracle Feeds, Inc. v. Attica Dairy Farm, 385 N.W.2d 208 (Wis. Ct. App. 1986). “Sections 409.301(1)(a) and (b) and 409.312 Stats.”
— Wis. Stat. § 409.301(l)(a) — 2 cases
Miracle Feeds, Inc. v. Attica Dairy Farm, 385 N.W.2d 208 (Wis. Ct. App. 1986). “Sections 409.301(1)(a) and (b) and 409.312 Stats.”
Dairy State Bank v. Consol. Farm Serv. Agency (In Re Wright), 192 B.R. 946 (W.D. Wis. 1996).
— Wis. Stat. § 409.301(l)(b) — 5 cases
Muggli Dental Studio v. Taylor, 419 N.W.2d 322 (Wis. Ct. App. 1987). “Sec. 409.301(l)(b), Stats. To perfect a security interest in the property in question, a financing statement must be filed or the collateral must be in the possession of the secured party.”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 409.301(l)(b) (1987-88). The bankruptcy trustee holds the rights of a hypothetical lien creditor, and can void the junior lien.”
In Re Waldvogel, 125 B.R. 13 (Bankr. E.D. Wis. 1991). “§ 409.301(l)(b) 4 an unperfected security interest in personal property is subordinate to the interests of a person who becomes a *15 lien creditor prior to perfection.”
Owens v. Nat'l Boulevard Bank (In Re Smith), 16 B.R. 111 (Bankr. E.D. Wis. 1981). “Under § 409.301(l)(b) of the Wisconsin Statutes an unperfected security interest in personal property is subordinate to the interest of a person who becomes a lien creditor prior to perfection.”
Matter of Don Miller, Inc., 35 B.R. 714 (Bankr. E.D. Wis. 1984). “§ 544 (a) 7 and § 409.301(l)(b), 8 Wis. *718 Stat., are superior to any interest Miller may claim in the debtor’s property.”
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