reglab/housing_qa huggingface dataset:
MT Code § 30-9A-329 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-329. Priority of security interests in letter-of-credit right

  30-9A-329. Priority of security interests in letter-of-credit right. The following rules govern priority among conflicting security interests in the same letter-of-credit right:   (1) A security interest held by a secured party having control of the letter-of-credit right under 30-9A-107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.   (2) Security interests perfected by control under 30-9A-314 rank according to priority in time of obtaining control.   History: En. Sec. 48, Ch. 305, L. 1999; Sec. 30-9-349, MCA 1999; redes. 30-9A-329 by Code Commissioner, 2001.
MT Code § 30-9A-330 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-330. Purchase of chattel paper or instrument

  30-9A-330. Purchase of chattel paper or instrument. (1) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed merely as proceeds of inventory subject to a security interest if:   (a) in good faith and in the ordinary course of the purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under 30-9A-105; and   (b) the chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.   (2) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under 30-9A-105 in good faith, in the ordinary course of the purchaser's business, and without knowledge that the purchase violates the rights of the secured party.   (3) Except as otherwise provided in 30-9A-327, a purchaser having priority in chattel paper under subsection (1) or (2) also has priority in proceeds of the chattel paper to the extent that:   (a) 30-9A-322 provides for priority in the proceeds; or   (b) the proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser's security interest in the proceeds is unperfected.   (4) Except as otherwise provided in 30-9A-331(1), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.   (5) For purposes of subsections (1) and (2), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.   (6) For purposes of subsections (2) and (4), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.   History: En. Sec. 49, Ch. 305, L. 1999; Sec. 30-9-350, MCA 1999; redes. 30-9A-330 by Code Commissioner, 2001.
MT Code § 30-9A-331 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-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

  30-9A-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. (1) This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to whom 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.   (2) 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.   (3) Filing under this chapter does not constitute notice of a claim or defense to the holders, purchasers, or persons mentioned in subsections (1) and (2).   History: En. Sec. 50, Ch. 305, L. 1999; amd. Sec. 10, Ch. 179, L. 2001; Sec. 30-9-351, MCA 1999; redes. 30-9A-331 by Code Commissioner, 2001.
MT Code § 30-9A-332 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-332. Transfer of money -- transfer of funds from deposit account

  30-9A-332. Transfer of money -- transfer of funds from deposit account. (1) 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.   (2) 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: En. Sec. 51, Ch. 305, L. 1999; Sec. 30-9-352, MCA 1999; redes. 30-9A-332 by Code Commissioner, 2001.
MT Code § 30-9A-333 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-333. Priority of certain liens arising by operation of law

  30-9A-333. Priority of certain liens arising by operation of law. (1) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien:   (a) that 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;   (b) that is created by statute or rule of law in favor of the person; and   (c) whose effectiveness depends on the person's possession of the goods.   (2) 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: En. Sec. 52, Ch. 305, L. 1999; Sec. 30-9-353, MCA 1999; redes. 30-9A-333 by Code Commissioner, 2001.
MT Code § 30-9A-335 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-335. Accessions

  30-9A-335. Accessions. (1) A security interest may be created in an accession and continues in collateral that becomes an accession.   (2) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.   (3) Except as otherwise provided in subsection (4), the other provisions of this part determine the priority of a security interest in an accession.   (4) A security interest in an accession is subordinate to a security interest in the whole that is perfected by compliance with the requirements of a certificate-of-title statute under 30-9A-311(2).   (5) 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.   (6) A secured party that removes an accession from other goods under subsection (5) shall promptly reimburse any encumbrancer 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 encumbrancer 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.   History: En. Sec. 54, Ch. 305, L. 1999; Sec. 30-9-355, MCA 1999; redes. 30-9A-335 by Code Commissioner, 2001.
MT Code § 30-9A-336 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-336. Commingled goods

  30-9A-336. Commingled goods. (1) 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.   (2) 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.   (3) If collateral becomes commingled goods, a security interest attaches to the product or mass.   (4) 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 (3) is perfected.   (5) Except as otherwise provided in subsection (6), the other provisions of this part, as applicable, determine the priority of a security interest that attaches to the product or mass under subsection (3).   (6) If more than one security interest attaches to the product or mass under subsection (3), the following rules determine priority:   (a) A security interest that is perfected under subsection (4) has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.   (b) If more than one security interest is perfected under subsection (4), the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.   History: En. Sec. 55, Ch. 305, L. 1999; amd. Sec. 11, Ch. 179, L. 2001; Sec. 30-9-356, MCA 1999; redes. 30-9A-336 by Code Commissioner, 2001.
MT Code § 30-9A-337 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-337. Priority of security interests in goods covered by certificate of title

  30-9A-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 that is 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 30-9A-311(2), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.   History: En. Sec. 56, Ch. 305, L. 1999; Sec. 30-9-357, MCA 1999; redes. 30-9A-337 by Code Commissioner, 2001.
MT Code § 30-9A-338 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

  30-9A-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 30-9A-516(2)(e) that 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: En. Sec. 57, Ch. 305, L. 1999; Sec. 30-9-358, MCA 1999; redes. 30-9A-338 by Code Commissioner, 2001; amd. Sec. 84, Ch. 575, L. 2005.
MT Code § 30-9A-339 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-339. Priority subject to subordination

  30-9A-339. Priority subject to subordination. This chapter does not preclude subordination by agreement by a person entitled to priority.   History: En. Sec. 58, Ch. 305, L. 1999; Sec. 30-9-359, MCA 1999; redes. 30-9A-339 by Code Commissioner, 2001.
MT Code § 30-9A-340 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-340. Effectiveness of right of recoupment or setoff against deposit account

  30-9A-340. Effectiveness of right of recoupment or setoff against deposit account. (1) Except as otherwise provided in subsection (3), a bank with which a deposit account is maintained may exercise against a secured party that holds a security interest in the deposit account any right of recoupment or setoff.   (2) Except as otherwise provided in subsection (3), the application of this chapter to a security interest in a deposit account does not affect a right of recoupment or setoff of the secured party as to a deposit account maintained with the secured party.   (3) The exercise by a bank of a setoff against a deposit account is ineffective against a secured party that holds a security interest in the deposit account that is perfected by control under 30-9A-104(1)(c) if the setoff is based on a claim against the debtor.   History: En. Sec. 59, Ch. 305, L. 1999; Sec. 30-9-360, MCA 1999; redes. 30-9A-340 by Code Commissioner, 2001.
MT Code § 30-9A-341 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-341. Bank's rights and duties with respect to deposit account

  30-9A-341. Bank's rights and duties with respect to deposit account. Except as otherwise provided in 30-9A-340(3) 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: En. Sec. 60, Ch. 305, L. 1999; Sec. 30-9-361, MCA 1999; redes. 30-9A-341 by Code Commissioner, 2001.
MT Code § 30-9A-342 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 3. Perfection and Priority|30-9A-342. Bank's right to refuse to enter into or disclose existence of control agreement

  30-9A-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 type described in 30-9A-104(1)(b), 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: En. Sec. 61, Ch. 305, L. 1999; Sec. 30-9-362, MCA 1999; redes. 30-9A-342 by Code Commissioner, 2001.
MT Code § 30-9A-401 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 4. Rights of Third Parties|30-9A-401. Alienability of debtor's rights

  30-9A-401. Alienability of debtor's rights. (1) Except as otherwise provided in 30-9A-406 through 30-9A-409 and subsection (2) of this section, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by applicable law other than this chapter.   (2) An agreement between the debtor and secured party that 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: En. Sec. 62, Ch. 305, L. 1999; Sec. 30-9-441, MCA 1999; redes. 30-9A-401 by Code Commissioner, 2001.
MT Code § 30-9A-402 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 4. Rights of Third Parties|30-9A-402. Secured party not obligated on contract of debtor

  30-9A-402. Secured party not obligated on contract of debtor. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not impose upon a secured party liability in contract or tort for the debtor's acts or omissions.   History: En. Sec. 63, Ch. 305, L. 1999; Sec. 30-9-442, MCA 1999; redes. 30-9A-402 by Code Commissioner, 2001.
MT Code § 30-9A-403 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 4. Rights of Third Parties|30-9A-403. Agreement not to assert defense against assignee

  30-9A-403. Agreement not to assert defense against assignee. (1) In this section, "value" has the meaning provided in 30-3-303(1).   (2) 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:   (a) for value;   (b) in good faith;   (c) without notice of a claim of a property or possessory right to the property assigned; and   (d) 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 30-3-305(1).   (3) Subsection (2) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under 30-3-305(2).   (4) In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record provide a statement to the effect that the rights of an assignee are subject to claims or defenses that the consumer debtor could assert against the original obligee, and the record does not provide such a statement:   (a) the record has the same effect as if the record provided such a statement; and   (b) the account debtor may assert against an assignee those claims and defenses that would have been available if the record provided such a statement.   (5) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.   (6) Except as otherwise provided in subsection (4), this section does not displace law other than this chapter that gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.   History: En. Sec. 64, Ch. 305, L. 1999; Sec. 30-9-443, MCA 1999; redes. 30-9A-403 by Code Commissioner, 2001.
MT Code § 30-9A-404 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 4. Rights of Third Parties|30-9A-404. Rights acquired by assignee -- claim and defenses against assignee

  30-9A-404. Rights acquired by assignee -- claim and defenses against assignee. (1) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (2) through (5), the rights of an assignee are subject to:   (a) 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   (b) any other defense or claim of the account debtor against the assignor that accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee.   (2) Subject to subsection (3) and except as otherwise provided in subsection (4), the claim of an account debtor against an assignor may be asserted against an assignee under subsection (1) only to reduce the amount the account debtor owes.   (3) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.   (4) In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record provide 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 provide 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 provided such a statement.   (5) This section does not apply to an assignment of a health-care-insurance receivable.   History: En. Sec. 65, Ch. 305, L. 1999; Sec. 30-9-444, MCA 1999; redes. 30-9A-404 by Code Commissioner, 2001.
MT Code § 30-9A-405 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 4. Rights of Third Parties|30-9A-405. Modification of assigned contract

  30-9A-405. Modification of assigned contract. (1) 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 (2) through (4).   (2) Subsection (1) applies to the extent that:   (a) the right to payment or a part thereof under an assigned contract has not been fully earned by performance; or   (b) 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 30-9A-406(1).   (3) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.   (4) This section does not apply to an assignment of a health-care-insurance receivable.   History: En. Sec. 66, Ch. 305, L. 1999; Sec. 30-9-445, MCA 1999; redes. 30-9A-405 by Code Commissioner, 2001.