The Courts and Section 9-401(2) Victims: When Does a Searcher Acquire Knowledge of a Misfiled Financing Statement?

Document Type

Article

Publication Date

1992

Publication Title

Uniform Commercial Code Law Journal

Keywords

tax law, financing statements, Section 9-401(2)

Abstract

Section 9-401(2) of the Code, which covers improper filings, continues to divide the courts and trouble some commentators. In his article, Professor Tabac describes the implications of the Code's broad protection of the secured party who files in the wrong place or who files an erroneous financing statement. He also analyzes the courts' split over the issue of what constitutes "knowledge" in an unperfected security interest under Section 9-401(2).

Volume

25

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