Okla. Stat. tit. 12A, § 12A-1-9-334
This is the official text of Okla. Stat. tit. 12A, § 12A-1-9-334, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Priority of security interests in fixtures and crops
Official statutory text
PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS
(a) A security interest under this article may be created in
goods that are fixtures or may continue in goods that become
fixtures. A security interest does not exist under this article in
ordinary building materials incorporated into an improvement on
land.
(b) This article does not prevent creation of an encumbrance
upon fixtures under real property law.
(c) In cases not governed by subsections (d) through (h) of
this section, a security interest in fixtures is subordinate to a
conflicting interest of an encumbrancer or owner of the related real
property other than the debtor.
(d) Except as otherwise provided in subsection (h) of this
section, a perfected security interest in fixtures has priority over
a conflicting interest of an encumbrancer or owner of the real
property if the debtor has an interest of record in or is in
possession of the real property and:
(1) the security interest is a purchase-money security
interest;
(2) the interest of the encumbrancer or owner arises before the
goods become fixtures; and
(3) the security interest is perfected by a fixture filing
before the goods become fixtures or within twenty (20) days
thereafter.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 92
(e) A perfected security interest in fixtures has priority over
a conflicting interest of an encumbrancer or owner of the real
property if:
(1) the debtor has an interest of record in the real property
or is in possession of the real property and the security interest:
(A) is perfected by a fixture filing before the interest
of the encumbrancer or owner is of record; and
(B) has priority over any conflicting interest of a
predecessor in title of the encumbrancer or owner;
(2) before the goods become fixtures, the security interest is
perfected by any method permitted by this article and the fixtures
are readily removable:
(A) factory or office machines;
(B) equipment that is not primarily used or leased for use
in the operation of the real property; or
(C) replacements of domestic appliances that are consumer
goods;
(3) the conflicting interest is a lien on the real property
obtained by legal or equitable proceedings after the security
interest was perfected by any method permitted by this article; or
(4) the security interest is:
(A) created in a manufactured home in a manufactured-home
transaction; and
(B) perfected pursuant to a statute described in paragraph
(2) of subsection (a) of Section 1-9-311 of this
title.
(f) A security interest in fixtures, whether or not perfected,
has priority over a conflicting interest of an encumbrancer or owner
of the real property if:
(1) the encumbrancer or owner has, in a signed record,
consented to the security interest or disclaimed an interest in the
goods as fixtures; or
(2) the debtor has a right to remove the goods as against the
encumbrancer or owner.
(g) The priority of the security interest under paragraph (2)
of subsection (f) of this section continues for a reasonable time if
the debtor's right to remove the goods as against the encumbrancer
or owner terminates.
(h) A mortgage is a construction mortgage to the extent that it
secures an obligation incurred for the construction of an
improvement on land, including the acquisition cost of the land, if
a recorded record of the mortgage so indicates. Except as otherwise
provided in subsections (e) and (f) of this section, a security
interest in fixtures is subordinate to a construction mortgage if a
record of the mortgage is recorded before the goods become fixtures
and the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent as a
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 93
construction mortgage to the extent that it is given to refinance a
construction mortgage.
is subordinate to a construction mortgage if a
record of the mortgage is recorded before the goods become fixtures
and the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent as a
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 93
construction mortgage to the extent that it is given to refinance a
construction mortgage.
(i) A perfected security interest in crops growing on real
property has priority over a conflicting interest of an encumbrancer
or owner of the real property if the debtor has an interest of
record in or is in possession of the real property.
(j) Subsection (i) of this section prevails over any
inconsistent provisions of other statutes of this state.
(a) A security interest under this article may be created in
goods that are fixtures or may continue in goods that become
fixtures. A security interest does not exist under this article in
ordinary building materials incorporated into an improvement on
land.
(b) This article does not prevent creation of an encumbrance
upon fixtures under real property law.
(c) In cases not governed by subsections (d) through (h) of
this section, a security interest in fixtures is subordinate to a
conflicting interest of an encumbrancer or owner of the related real
property other than the debtor.
(d) Except as otherwise provided in subsection (h) of this
section, a perfected security interest in fixtures has priority over
a conflicting interest of an encumbrancer or owner of the real
property if the debtor has an interest of record in or is in
possession of the real property and:
(1) the security interest is a purchase-money security
interest;
(2) the interest of the encumbrancer or owner arises before the
goods become fixtures; and
(3) the security interest is perfected by a fixture filing
before the goods become fixtures or within twenty (20) days
thereafter.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 92
(e) A perfected security interest in fixtures has priority over
a conflicting interest of an encumbrancer or owner of the real
property if:
(1) the debtor has an interest of record in the real property
or is in possession of the real property and the security interest:
(A) is perfected by a fixture filing before the interest
of the encumbrancer or owner is of record; and
(B) has priority over any conflicting interest of a
predecessor in title of the encumbrancer or owner;
(2) before the goods become fixtures, the security interest is
perfected by any method permitted by this article and the fixtures
are readily removable:
(A) factory or office machines;
(B) equipment that is not primarily used or leased for use
in the operation of the real property; or
(C) replacements of domestic appliances that are consumer
goods;
(3) the conflicting interest is a lien on the real property
obtained by legal or equitable proceedings after the security
interest was perfected by any method permitted by this article; or
(4) the security interest is:
(A) created in a manufactured home in a manufactured-home
transaction; and
(B) perfected pursuant to a statute described in paragraph
(2) of subsection (a) of Section 1-9-311 of this
title.
(f) A security interest in fixtures, whether or not perfected,
has priority over a conflicting interest of an encumbrancer or owner
of the real property if:
(1) the encumbrancer or owner has, in a signed record,
consented to the security interest or disclaimed an interest in the
goods as fixtures; or
(2) the debtor has a right to remove the goods as against the
encumbrancer or owner.
(g) The priority of the security interest under paragraph (2)
of subsection (f) of this section continues for a reasonable time if
the debtor's right to remove the goods as against the encumbrancer
or owner terminates.
(h) A mortgage is a construction mortgage to the extent that it
secures an obligation incurred for the construction of an
improvement on land, including the acquisition cost of the land, if
a recorded record of the mortgage so indicates. Except as otherwise
provided in subsections (e) and (f) of this section, a security
interest in fixtures is subordinate to a construction mortgage if a
record of the mortgage is recorded before the goods become fixtures
and the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent as a
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 93
construction mortgage to the extent that it is given to refinance a
construction mortgage.
is subordinate to a construction mortgage if a
record of the mortgage is recorded before the goods become fixtures
and the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent as a
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 93
construction mortgage to the extent that it is given to refinance a
construction mortgage.
(i) A perfected security interest in crops growing on real
property has priority over a conflicting interest of an encumbrancer
or owner of the real property if the debtor has an interest of
record in or is in possession of the real property.
(j) Subsection (i) of this section prevails over any
inconsistent provisions of other statutes of this state.
Status: in_force · Read it on the official government site
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