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Secured Transactions: Priority: Buyers v. Secured Parties

September 6th, 2017 · No Comments · Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties. While secured parties might expect to prevail with respect to their collateral most of the time, buyers of goods also have expectations that are protected with respect to their purchases. The rules of Article 9 balance expectations so that buyers get good title to what they buy and have protection from pre-existing security interests in some circumstances.

These rules are commonly tested on law school and bar examinations. At the conclusion of this podcast, you should be able to (1) identify and describe the exceptions that permit a buyer of collateral subject to a security interest to take free of the security interest and prevail over a secured creditor; and (2) apply the rules of common factual presentations concerning buyers.

A transcript of this podcast is here.

 

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