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HomeCommercial CodeDiv. 9Ch. 3§ 9325 Security Interest Subordination

§ 9325 Security Interest Subordination

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9325 Security Interest Subordination

Key Takeaways

  • •If someone buys something that already has a loan on it, the original loan comes first.
  • •The original loan must have been officially recorded before the new buyer got the item.
  • •The original loan must stay officially recorded without any gaps.
  • •This rule only applies in certain situations, like when the new loan would normally come first or in specific legal cases.

Example

You buy a used car that still has a loan on it from the bank.

If the bank already officially recorded their loan on the car before you bought it, and they kept it recorded without any gaps, their loan comes first. This means if you don't pay your loan, the bank gets paid first from selling the car.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9325 Security Interest Subordination

(a) Except as otherwise provided in subdivision (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if all of the following apply: (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. (3) There is no period thereafter when the security interest is unperfected. (b) Subdivision (a) subordinates a security interest only if either of the following conditions is satisfied: (1) The security interest otherwise would have priority solely under subdivision (a) of Section 9322 or under Section 9324. (2) The security interest arose solely under subdivision (3) of Section 2711 or subdivision (5) of Section 10508. (Amended (as to be added by Stats. 1999, Ch. 991) by Stats. 2000, Ch. 1003, Sec. 15. Effective January 1, 2001. Addition and amendment operative July 1, 2001, by Stats. 1999, Ch. 991, Sec. 75, and Stats. 2000, Ch. 1003, Sec. 56.)

Last verified: January 23, 2026

Key Terms

security interestsubordinateperfectedcollateral

Related Statutes

  • § 9317 Priority Of Security Interests
  • § 17302 Continued Perfection Transition
  • § 9308 Security Interest Perfection
  • § 9315 Security Interest In Proceeds
  • § 9320 Buyer Protection From Security Interests

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9325.
View Official Source