reglab/housing_qa huggingface dataset:
ID Code § 28-9-331 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-331 - PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS AND SECURITIES UNDER OTHER CHAPTERS — PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8.

28-9-331. PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS AND SECURITIES UNDER OTHER CHAPTERS — PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8. (a) This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in chapters 3, 7 and 8. (b) This chapter does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under chapter 8. (c) Filing under this chapter does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections (a) and (b) of this section.  History: [28-9-331, added 2001, ch. 208, sec. 2, p. 751.]
ID Code § 28-9-332 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-332 - TRANSFER OF MONEY — TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.

28-9-332. TRANSFER OF MONEY — TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT. (a) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. (b) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.  History: [28-9-332, added 2001, ch. 208, sec. 2, p. 751.]
ID Code § 28-9-333 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-333 - PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.

28-9-333. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW. (a) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien: (1) Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person’s business; (2) Which is created by statute or rule of law in favor of the person; and (3) Whose effectiveness depends on the person’s possession of the goods. (b) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.  History: [28-9-333, added 2001, ch. 208, sec. 2, p. 752.]
ID Code § 28-9-335 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-335 - ACCESSIONS.

28-9-335. ACCESSIONS. (a) A security interest may be created in an accession and continues in collateral that becomes an accession. (b) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (c) Except as otherwise provided in subsections (d) and (g) of this section, the other provisions of this part determine the priority of a security interest in an accession. (d) Except as otherwise provided in subsection (g) of this section, a security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate of title statute under section 28-9-311(b). (e) After default, subject to part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole. (f) A secured party that removes an accession from other goods under subsection (e) of this section shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse. (g) A security interest in an accession has priority over a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under subsection (b) of section 28-9-311, Idaho Code, if the security interest in the accession is a purchase money security interest that is perfected when the debtor receives possession of the accession or within twenty (20) days thereafter.  History: [28-9-335, added 2001, ch. 208, sec. 2, p. 753.]
ID Code § 28-9-336 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-336 - COMMINGLED GOODS.

28-9-336. COMMINGLED GOODS. (a) In this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (b) A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods. (c) If collateral becomes commingled goods, a security interest attaches to the product or mass. (d) If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) of this section is perfected. (e) Except as otherwise provided in subsection (f) of this section, the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c) of this section. (f) If more than one (1) security interest attaches to the product or mass under subsection (c) of this section, the following rules determine priority: (1) A security interest that is perfected under subsection (d) of this section has priority over a security interest that is unperfected at the time the collateral becomes commingled goods. (2) If more than one (1) security interest is perfected under subsection (d) of this section, the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.  History: [28-9-336, added 2001, ch. 208, sec. 2, p. 754.]
ID Code § 28-9-337 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-337 - PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.

28-9-337. PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate: (1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and (2) The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under section 28-9-311(b), after issuance of the certificate and without the conflicting secured party’s knowledge of the security interest.  History: [28-9-337, added 2001, ch. 208, sec. 2, p. 754.]
ID Code § 28-9-338 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-338 - PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION.

28-9-338. PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in section 28-9-516(b)(5) which is incorrect at the time the financing statement is filed: (1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and (2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.  History: [28-9-338, added 2001, ch. 208, sec. 2, p. 755; am. 2004, ch. 42, sec. 31, p. 133.]
ID Code § 28-9-339 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-339 - PRIORITY SUBJECT TO SUBORDINATION.

28-9-339. PRIORITY SUBJECT TO SUBORDINATION. This article does not preclude subordination by agreement by a person entitled to priority.  History: [28-9-339, added 2001, ch. 208, sec. 2, p. 755.]
ID Code § 28-9-340 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-340 - EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.

28-9-340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT. (a) Except as otherwise provided in subsection (c) of this section, a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (b) Except as otherwise provided in subsection (c) of this section, the application of this chapter to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party. (c) The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under section 28-9-104(a)(3), if the set-off is based on a claim against the debtor.  History: [28-9-340, added 2001, ch. 208, sec. 2, p. 755.]
ID Code § 28-9-341 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-341 - BANK’S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.

28-9-341. BANK’S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT. Except as otherwise provided in section 28-9-340(c), and unless the bank otherwise agrees in an authenticated record, a bank’s rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended or modified by: (1) The creation, attachment or perfection of a security interest in the deposit account; (2) The bank’s knowledge of the security interest; or (3) The bank’s receipt of instructions from the secured party.  History: [28-9-341, added 2001, ch. 208, sec. 2, p. 755.]
ID Code § 28-9-342 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 3 - PERFECTION AND PRIORITY|Section 28-9-342 - BANK’S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.

28-9-342. BANK’S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT. This chapter does not require a bank to enter into an agreement of the kind described in section 28-9-104(a)(2), even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.  History: [28-9-342, added 2001, ch. 208, sec. 2, p. 755.]
ID Code § 28-9-401 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-401 - ALIENABILITY OF DEBTOR’S RIGHTS.

28-9-401. ALIENABILITY OF DEBTOR’S RIGHTS. (a) Except as otherwise provided in subsection (b) of this section and sections 28-9-406, 28-9-407, 28-9-408 and 28-9-409, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter. (b) An agreement between the debtor and secured party which prohibits a transfer of the debtor’s rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.  History: [28-9-401, added 2001, ch. 208, sec. 2, p. 756.]
ID Code § 28-9-402 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-402 - SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT.

28-9-402. SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions.  History: [28-9-402, added 2001, ch. 208, sec. 2, p. 756.]
ID Code § 28-9-403 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-403 - AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.

28-9-403. AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE. (a) In this section, "value" has the meaning provided in section 28-3-303(1). (b) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) For value; (2) In good faith; (3) Without notice of a claim of a property or possessory right to the property assigned; and (4) Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under section 28-3-305(1). (c) Subsection (b) of this section does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under section 28-3-305(2). (d) In a consumer transaction, if a record evidences the account debtor’s obligation, law other than this chapter requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement: (1) The record has the same effect as if the record included such a statement; and (2) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement. (e) This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes. (f) Except as otherwise provided in subsection (d) of this section, this section does not displace law other than this chapter which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.  History: [28-9-403, added 2001, ch. 208, sec. 2, p. 756.]
ID Code § 28-9-404 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-404 - RIGHTS ACQUIRED BY ASSIGNEE — CLAIMS AND DEFENSES AGAINST ASSIGNEE.

28-9-404. RIGHTS ACQUIRED BY ASSIGNEE — CLAIMS AND DEFENSES AGAINST ASSIGNEE. (a) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (b) through (e) of this section, the rights of an assignee are subject to: (1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee. (b) Subject to subsection (c) of this section and except as otherwise provided in subsection (d) of this section, the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) of this section only to reduce the amount the account debtor owes. (c) This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes. (d) In a consumer transaction, if a record evidences the account debtor’s obligation, law other than this chapter requires that the record include a statement to the effect that the account debtor’s recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement. (e) This section does not apply to an assignment of a health care insurance receivable.  History: [28-9-404, added 2001, ch. 208, sec. 2, p. 757.]
ID Code § 28-9-405 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-405 - MODIFICATION OF ASSIGNED CONTRACT.

28-9-405. MODIFICATION OF ASSIGNED CONTRACT. (a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d) of this section. (b) Subsection (a) of this section applies to the extent that: (1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or (2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under section 28-9-406(a). (c) This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes. (d) This section does not apply to an assignment of a health care insurance receivable.  History: [28-9-405, added 2001, ch. 208, sec. 2, p. 757.]
ID Code § 28-9-407 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-407 - RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR’S RESIDUAL INTEREST.

28-9-407. RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR’S RESIDUAL INTEREST. (a) Except as otherwise provided in subsection (b) of this section, a term in a lease agreement is ineffective to the extent that it: (1) Prohibits, restricts or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor’s residual interest in the goods; or (2) Provides that the assignment or transfer or the creation, attachment, perfection or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease. (b) Except as otherwise provided in section 28-12-303(7), a term described in subsection (a)(2) of this section is effective to the extent that there is: (1) A transfer by the lessee of the lessee’s right of possession or use of the goods in violation of the term; or (2) A delegation of a material performance of either party to the lease contract in violation of the term. (c) The creation, attachment, perfection or enforcement of a security interest in the lessor’s interest under the lease contract or the lessor’s residual interest in the goods is not a transfer that materially impairs the lessee’s prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of section 28-12-303(4) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.  History: [28-9-407, added 2001, ch. 208, sec. 2, p. 759.]
ID Code § 28-9-409 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 4 - RIGHTS OF THIRD PARTIES|Section 28-9-409 - RESTRICTIONS ON ASSIGNMENT OF LETTER OF CREDIT RIGHTS INEFFECTIVE.

28-9-409. RESTRICTIONS ON ASSIGNMENT OF LETTER OF CREDIT RIGHTS INEFFECTIVE. (a) A term in a letter of credit or a rule of law, statute, rule, regulation, custom or practice applicable to the letter of credit which prohibits, restricts or requires the consent of an applicant, issuer or nominated person to a beneficiary’s assignment of or creation of a security interest in a letter of credit right is ineffective to the extent that the term or rule of law, statute, rule, regulation, custom or practice: (1) Would impair the creation, attachment or perfection of a security interest in the letter of credit right; or (2) Provides that the assignment or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter of credit right. (b) To the extent that a term in a letter of credit is ineffective under subsection (a) of this section but would be effective under law other than this chapter or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter of credit right: (1) Is not enforceable against the applicant, issuer, nominated person or transferee beneficiary; (2) Imposes no duties or obligations on the applicant, issuer, nominated person or transferee beneficiary; and (3) Does not require the applicant, issuer, nominated person or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.  History: [28-9-409, added 2001, ch. 208, sec. 2, p. 761.]