KANSAS OFFICE of
  REVISOR of STATUTES

  

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84-9-202. Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.

History: L. 2000, ch. 142, § 12; July 1, 2001.

KANSAS COMMENT, 1996

This section, which does not vary from the 1995 Official Text or earlier versions of the UCC, applies only to secured transactions, and does not determine whether the title or lien theory should be followed when the applicability of some other rule of law (e.g., tax on the "legal" owner) depends upon who has title. See, e.g., Foy v. Comanche County, 69 K. 206, 76 P. 859 (1904). One of the beauties of Article 9 is that it replaces form with function. It concentrates on the single concept of the security interest as defined in 84-1-201(37). No longer does the mystical location of "title" determine how priority conflicts will be determined. The concept of "title" led many states, including Kansas, to enact separate statutes governing chattel mortgages and conditional sales. In place of this welter, Article 9 is centered around the concept of a unitary security interest where "title" plays a minimal role.

Revisor's Note:

Former section 84-9-202 was repealed by L. 2000, ch. 142, § 155 and the number reassigned to the current text.

CASE ANNOTATIONS

1. Cited; priority dispute between competing security interests to be resolved under Article 9, not article 2. J.I. Case Credit Corp. v. Foos, 11 Kan. App. 2d 185, 189, 717 P.2d 1064 (1986).


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