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Posted: September 20th, 2022
Without revealing the details of his prior mortgage
Travis mortgages his house to a financing firm called Smith & Sons for $200,000. Smith & Sons fails to record the transaction in the local county office. However, it files a financing statement to perfect its security interest on collateral. Without revealing the details of his prior mortgage, Travis uses the same house to secure and additional $150,000 from Cooper Associates one year later. Cooper Associates too files a financing statement but it is a year later than that of Smith & Sons' financing statement. In this case, which creditor has the priority to claim interest in the collateral?
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