Section 55-9-709 - Temporary transition provision; priority.

55-9-709. Temporary transition provision; priority.

(a)     This act determines the priority of conflicting claims to collateral.  However, if the relative priorities of the claims were established before July 1, 2001, Chapter 55, Article 9 NMSA 1978 as it existed before that date determines priority.   

(b)     For purposes of Subsection (a) of Section 55-9-322 NMSA 1978, the priority of a security interest that becomes enforceable under Section 55-9-203 NMSA 1978 dates from July 1, 2001 if the security interest is perfected under this act by the filing of a financing statement before that date which would not have been effective to perfect the security interest under Chapter 55, Article 9 NMSA 1978 as it existed before July 1, 2001.  This subsection does not apply to conflicting security interests, each of which is perfected by the filing of such a financing statement.