2006 Minnesota Statutes

336.9-334 PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.
(a) Security interest in fixtures under this article. 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) Security interest in fixtures under real property law. This article does not prevent
creation of an encumbrance upon fixtures under real property law.
(c) General rule: subordination of security interest in fixtures. In cases not governed by
subsections (d) through (h), 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) Fixtures purchase-money priority. Except as otherwise provided in subsection (h), 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 20 days thereafter.
(e) Priority of security interest in fixtures over interests in real property. 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 section 336.9-311(a)(2).
(f) Priority based on consent, disclaimer, or right to remove. 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 an authenticated 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) Continuation of paragraph (f)(2) priority. The priority of the security interest under
paragraph (f)(2) continues for a reasonable time if the debtor's right to remove the goods as
against the encumbrancer or owner terminates.
(h) Priority of construction mortgage. 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), 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 construction mortgage to the extent that it is given to refinance a
construction mortgage.
(i) Priority of security interest in crops. 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 except a perfected landlord's lien if the debtor has an interest of record in or is
in possession of the real property.
(j) Subsection (i) prevails. Subsection (i) prevails over any inconsistent provisions of
section 559.2091.
History: 2000 c 399 art 1 s 54; 2001 c 195 art 1 s 10; 2002 c 379 art 1 s 74