In a situation between secured creditors and lien creditors, who gains priority?

Prepare for the Barbri Secured Transactions Test with flashcards and multiple-choice questions. Each question includes insights and explanations to optimize your exam readiness!

In the context of secured transactions, priority between secured creditors and lien creditors is determined primarily through the concept of perfection and the timing of when interests arise. A secured creditor who has properly perfected their security interest prior to the creation of a lien will generally have priority over subsequent lien creditors.

When a secured creditor perfects their interest, they establish priority in the collateral in the eyes of third parties, including lien creditors. If the secured creditor files a financing statement or takes possession of the collateral before a lien is created, their perfected security interest will take precedence over any subsequent liens that are filed after that point in time.

Consequently, in this scenario, the secured creditor gains priority because they completed the steps necessary to perfect their security interest before the lien arose. This priority rule is foundational in the UCC’s approach to secured transactions, ensuring that those who have perfected their security interests are protected against competing claims from later lien creditors.

Options discussing the lien creditor’s position do not hold as much weight without the prior perfection of a security interest to provide a basis for priority. Thus, understanding that a secured creditor's perfection before the lien defines their priority is key to grasping the nuances of these transactions.

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