Maryland § 9-323

§ 9-323.

    (a)    Except as otherwise provided in subsection (b), for purposes of determining the priority of a perfected security interest under § 9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:

        (1)    Is made while the security interest is perfected only:

            (A)    Under § 9-309 when it attaches; or

            (B)    Temporarily under § 9-312(e), (f), or (g); and

        (2)    Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under § 9-309 or § 9-312(e), (f), or (g).

    (b)    Subsection (a) does not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

    (c)    Except as otherwise provided in subsection (d), a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:

        (1)    The time the secured party acquires knowledge of the buyer’s purchase; or

        (2)    45 days after the purchase.

    (d)    Subsection (c) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer’s purchase and before the expiration of the 45-day period.

    (e)    Except as otherwise provided in subsection (f), a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:

        (1)    The time the secured party acquires knowledge of the lease; or

        (2)    45 days after the lease contract becomes enforceable.

    (f)    Subsection (e) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.