Abstract
A secured party who wishes to perfect an Article 9 security interest by filing must file a proper financing statement in the correct office. If a security interest is perfected, changing circumstances, such as a lapse in time after a change in the location of the collateral, may transform the perfected security interest into an unperfected one. Consequently, the security interest, much to the dismay of the secured party, will be subject to all the deficiencies of an unperfected interest. But, under the Uniform Commercial Code, can the converse be true? That is, for example, can an unperfected security interest, unperfected because the financing statement was initially filed in the wrong location, be perfected when circumstances change so that the filing is consequently made in the correct office (j.e., the office in which future filings would be made). This Article argues that filings, initially ineffective, should be deemed effective and hence should perfect the security interest if a change in circumstances would make the original filing effective if it were filed after the change.
Document Type
Article
Publication Date
1983
Recommended Citation
David Frisch, U.C.C. Filings: Changing Circumstances Can Make a Right Filing Wrong. But Can They Make a Wrong Filing Right?, 56 S. Cal. L. Rev. 1247 (1983).