2023 New Mexico Statutes › Chapter 55 - Uniform Commercial Code › Article 9 - Secured Transactions › Part 3 - PERFECTION AND PRIORITY › Subpart 3 - PRIORITY › Section 55-9-330 - Priority of purchaser of chattel paper or instrument. (Effective January 1, 2024.)

(a) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
(1) in good faith and in the ordinary course of the purchaser's business, the purchaser gives new value, takes possession of each authoritative tangible copy of the record evidencing the chattel paper and obtains control under Section 55-9-105 NMSA 1978 of each authoritative electronic copy of the record evidencing the chattel paper; and
(2) the authoritative copies of the record evidencing the chattel paper do not indicate that the chattel paper has been assigned to an identified assignee other than the purchaser.
(b) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value, takes possession of each authoritative tangible copy of the record evidencing the chattel paper and obtains control under Section 55-9-105 NMSA 1978 of each authoritative electronic copy of the record evidencing the chattel paper 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.
(c) Except as otherwise provided in Section 55-9-327 NMSA 1978, a purchaser having priority in chattel paper under Subsection (a) or (b) of this section also has priority in proceeds of the chattel paper to the extent that:
(1) Section 55-9-322 NMSA 1978 provides for priority in the proceeds; or
(2) 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.
(d) Except as otherwise provided in Subsection (a) of Section 55-9-331 NMSA 1978, 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.
(e) For purposes of Subsections (a) and (b) of this section, the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
(f) For purposes of Subsections (b) and (d) of this section, if the authoritative copies of the record evidencing chattel paper or an instrument indicate that the chattel paper or instrument 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:
1978 Comp., § 55-9-330, enacted by Laws 2001, ch. 139, § 50; 2023, ch. 142, § 71.
ANNOTATIONS
The 2023 amendment,
effective January 1, 2024,
revised provisions related to the priority of a purchaser of chattel paper or instrument; in Paragraph (a)(1), after "takes possession of", added "each authoritative tangible copy of the record evidencing", and added "under Section 55-9-105 NMSA 1978 of each authoritative electronic copy of the record evidencing", and after "chattel paper", deleted "under Section 55-9-105 NMSA 1978"; in Paragraph (a)(2), deleted "chattel paper does" and added "authoritative copies of the record evidencing the chattel paper do", and after "indicate that", and added "the chattel paper"; in Subsection (b), after "takes possession of", added "each authoritative tangible copy of the record evidencing", after "obtains control", added "under Section 55-9-105 NMSA 1978 of each authoritative electronic copy of the record evidencing", and after "chattel paper", deleted "under Section 55-9-105 NMSA 1978"; and in Subsection (f), after "this section, if", added "the authoritative copies of the record evidencing", and after "indicate that", added "the chattel paper or instrument".