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HomeCommercial CodeDiv. 9Ch. 7§ 9709 Priority Of Security Interests

§ 9709 Priority Of Security Interests

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

§ 9709 Priority Of Security Interests

Key Takeaways

  • •This law decides who gets paid first if two people claim the same thing (like a car or house) as payment for a debt.
  • •If the rules for who gets paid first were set before July 1, 2001, the old rules apply.
  • •If a security interest (a claim on something for a debt) became enforceable under Section 9203, its priority starts from July 1, 2001, if it was properly filed before that date.

Example

Imagine two banks both say they have a claim on the same car because the owner owes them money.

This law helps decide which bank gets paid first if the car is sold. If the owner set up the loans before July 1, 2001, the old rules apply. If one bank filed their claim correctly before that date, their claim might start from July 1, 2001.

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

Official Source
View on CA.gov

§ 9709 Priority Of Security Interests

(a) This division determines priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Division 9 (commencing with Section 9101) determines priority. (b) For purposes of subdivision (a) of Section 9322, the priority of a security interest that becomes enforceable under Section 9203 dates from July 1, 2001, if the security interest is perfected under this division by the filing of a financing statement before July 1, 2001, which would not have been effective to perfect the security interest under former Division 9 (commencing with Section 9101). This subdivision does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement. (Added by renumbering Section 9708 (as to be added by Stats. 1999, Ch. 991) by Stats. 2000, Ch. 1003, Sec. 52. Effective January 1, 2001. Addition (as Section 9708) and renumbering 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

priorityconflicting claimscollateralsecurity interestfinancing statement

Related Statutes

  • § 9317 Priority Of Security Interests
  • § 9705 Transitional Security Interest Perfection
  • § 9326 Security Interest Priority Subordination
  • § 2701 Collateral Contract Remedies
  • § 2707 Seller Rights And Remedies

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9709.
View Official Source