W. Va. Code § 46-9-325

Current through 2024 First Special Session
Section 46-9-325 - Priority of security interests in transferred collateral
(a)Subordination of security interest in transferred collateral. Except as otherwise provided in subsection (b) of this section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1) The debtor acquired the collateral subject to the security interest created by the other person;
(2) The security interest created by the other person was perfected when the debtor acquired the collateral; and
(3) There is no period thereafter when the security interest is unperfected.
(b)Limitation of subsection (a) subordination. Subsection (a) of this section subordinates a security interest only if the security interest:
(1) Otherwise would have priority solely under section 9-322(a) or 9-324; or
(2) Arose solely under section 2-711(3) or 2A-508(5).

W. Va. Code § 46-9-325