Section 1.11 Effect of Judgment Lien Under the Uniform Commercial Code

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

C. (§1.11) Effect of Judgment Lien Under the Uniform Commercial Code

As noted in §1.13 below, a judgment does not create a lien on personal property before levy. But as noted in §1.9 above, a judgment will create a lien on real property. Per § 400.9-109(d)(11), RSMo Supp. 2008, the Uniform Commercial Code (UCC) does not apply to the "creation or transfer of an interest in or lien on real property, including a lease or rents thereunder," except to the extent that § 400.9-334, RSMo Supp. 2008, makes provision for fixtures and, thus, does not otherwise address the priority rights of real estate judgment liens.

A perfected security interest in fixtures has priority over a lien creditor if:

• "[t]he security interest is a purchase-money security interest," § 400.9-334(d)(1);

• the interest of...