What is a purchase-money grace period for a purchase-money security interest in non-consumer goods?

Sellers of non-consumer goods receive temporary automatic perfection of an attached PMSI in the collateral sold. As the name applies, the security interest is temporary in nature. The seller has a 20-day grace period for filing a financing statement following the attachment of the purchase money security interest in the collateral. If the financing statement is filed during this 20-day period, the date of permanent perfection dates back to the date the security interest attached to the collateral. If the secured party fails to file a financing statement during the 20-day grace period, the temporary automatic perfection is lost.

Note: In that event the automatic PMSI is lost, the first secured party to perfect her security interest has priority in the collateral.

Jason M. Gordon

Member | Co-Founder Law for Georgia, LLC

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