On January 2, Burt asked Logan to loan him money "against my diamond ring." Logan agreed to do so. To guard against intervening liens, Logan received permission to file a financing statement, and Burt and Logan signed a security agreement giving Logan an interest in the ring. Burt also signed a financing statement that Logan properly filed on January 3. On January 4, Burt borrowed money from Tillo, pledging his ring to secure the debt. Tillo took possession of the ring and paid Burt the money on the same day. The next day, January 5, Logan loaned Burt the money under the assumption that Burt still had the ring. Who has priority, Logan or Tillo? Explain.

Question

Miya Choi

Business

1 January, 13:18

On January 2, Burt asked Logan to loan him money "against my diamond ring." Logan agreed to do so. To guard against intervening liens, Logan received permission to file a financing statement, and Burt and Logan signed a security agreement giving Logan an interest in the ring. Burt also signed a financing statement that Logan properly filed on January 3. On January 4, Burt borrowed money from Tillo, pledging his ring to secure the debt. Tillo took possession of the ring and paid Burt the money on the same day. The next day, January 5, Logan loaned Burt the money under the assumption that Burt still had the ring. Who has priority, Logan or Tillo? Explain.

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Answers (1)

Know the Answer?

Amir Lowe · Answer 1

The answer is: Logan has priority.

Explanation:

Priority is always given to the party that files it first. In this case, Logan and Burt signed a security agreement on January 2 and a financing statement on January 3 that was filed by Logan.

On January 4, Burt sold his ring to Tiilo, but he did it after Logan filed the statement.