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HomeCommercial CodeDiv. 9Ch. 3§ 9326 Security Interest Priority Subordination

§ 9326 Security Interest Priority Subordination

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

§ 9326 Security Interest Priority Subordination

Key Takeaways

  • •If two people claim the same stuff (like a car or equipment) as payment for money owed, the one who properly filed their claim first usually gets paid first.
  • •If someone new takes over the debt (like buying a business), their claim might not be as strong if they didn’t file the right papers.
  • •If two people didn’t file their claims the right way, the one who made the deal with the original owner first gets paid first.

Example

Imagine you buy a food truck from someone who still owes money on it. The bank that lent them money filed the right papers, but you didn’t. If the truck gets taken because of unpaid debts, the bank gets it, not you.

The bank followed the rules to protect their loan, but you didn’t, so they win.

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

Official Source
View on CA.gov

§ 9326 Security Interest Priority Subordination

(a) Subject to subdivision (b), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of paragraph (1) of subdivision (i) of Section 9316 or Section 9508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement. (b) The other provisions of this chapter determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subdivision (a). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound. (Amended by Stats. 2013, Ch. 531, Sec. 13. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)

Last verified: January 23, 2026

Key Terms

security interestnew debtorcollateralfiled financing statementpriority

Related Statutes

  • § 9317 Priority Of Security Interests
  • § 9315 Security Interest In Proceeds
  • § 9325 Security Interest Subordination
  • § 9327 Priority Conflicting Security Interests Deposit Ac
  • § 9333 Possessory Lien Priority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9326.
View Official Source