2006 New Mexico Statutes - 55-9-317 — Interests that take priority over or take free of security interest or agricultural lien.

55-9-317. Interests that take priority over or take free of security interest or agricultural lien.

(a)     A security interest or agricultural lien is subordinate to the rights of: 

(1)     a person entitled to priority under Section 55-9-322 NMSA 1978; and 

(2)     except as otherwise provided in Subsection (e) of this section, a person that becomes a lien creditor before the earlier of the time: 

(A)     the security interest or agricultural lien is perfected; or 

(B)     one of the conditions specified in Paragraph (3) of Subsection (b) of Section 55-9-203 NMSA 1978 is met and a financing statement covering the collateral is filed. 

(b)     Except as otherwise provided in Subsection (e) of this section, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. 

(c)     Except as otherwise provided in Subsection (e) of this section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

(d)     A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents, general intangibles or investment property other than a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. 

(e)     Except as otherwise provided in Sections 55-9-320 and 55-9-321 NMSA 1978, if a person files a financing statement with respect to a purchase-money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor that arise between the time the security interest attaches and the time of filing.