409.329(1)(1)Control by secured party. A security interest held by a secured party having control of the letter-of-credit right under s. 409.107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.
409.329(2)(2)Priority in time of control. Security interests perfected by control under s. 409.314 rank according to priority in time of obtaining control.
409.329 HistoryHistory: 2001 a. 10.
409.330409.330Priority of purchaser of chattel paper or instrument.
409.330(1)(1)Purchaser’s priority: security interest claimed merely as proceeds. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
409.330(1)(a)(a) In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under s. 409.105; and
409.330(1)(b)(b) The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.
409.330(2)(2)Purchaser’s priority: other security interests. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under s. 409.105 in good faith, in the ordinary course of the purchaser’s business, and without knowledge that the purchase violates the rights of the secured party.
409.330(3)(3)Chattel paper purchaser’s priority in proceeds. Except as otherwise provided in s. 409.327, a purchaser having priority in chattel paper under sub. (1) or (2) also has priority in proceeds of the chattel paper to the extent that:
409.330(3)(a)(a) Section 409.322 provides for priority in the proceeds; or
409.330(3)(b)(b) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser’s security interest in the proceeds is unperfected.
409.330(4)(4)Instrument purchaser’s priority. Except as otherwise provided in s. 409.331 (1), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
409.330(5)(5)Holder of purchase-money security interest gives new value. For purposes of subs. (1) and (2), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
409.330(6)(6)Indication of assignment gives knowledge. For purposes of subs. (2) and (4), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
409.330 HistoryHistory: 2001 a. 10.
409.331409.331Priority of rights of purchasers of instruments, documents, and securities under other chapters; priority of interests in financial assets and security entitlements under ch. 408.
409.331(1)(1)Rights under chs. 403, 407, and 408 not limited. This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in chs. 403, 407, and 408.
409.331(2)(2)Protection under ch. 408. This chapter does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of an adverse claim under ch. 408.
409.331(3)(3)Filing not notice. Filing under this chapter does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subs. (1) and (2).
409.331 HistoryHistory: 2001 a. 10.
409.332409.332Transfer of money; transfer of funds from deposit account.
409.332(1)(1)Transferee of money. A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
409.332(2)(2)Transferee of funds from deposit account. A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
409.332 HistoryHistory: 2001 a. 10.
409.333409.333Priority of certain liens arising by operation of law.
409.333(1)(1)Possessory lien. In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien:
409.333(1)(a)(a) Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person’s business;
409.333(1)(b)(b) Which is created by statute or rule of law in favor of the person; and
409.333(1)(c)(c) Whose effectiveness depends on the person’s possession of the goods.