KRS 355.2A-304: Subsequent lease of goods by lessor.

(1) Subject to KRS 355.2A -303, a subsequent lessee from a lessor of goods under an

existing lease contract obtains, to the extent of the leasehold interest transferred, the

leasehold interest in the goods that the lessor had or had power to transfer, and

except as provided in subsection (2) of this section and subsection (4) of KRS

355.2A-527, takes subject to the existing lease contract. A lessor with voidable title

has power to transfer a good leasehold interest to a good faith subsequent lessee for

value, but only to the extent set forth in the preceding sentence. If goods have been

delivered under a transaction of purchase, the lessor has that power even though:

(a) The lessor's transferor was deceived as to the identity of the lessor;

(b) The delivery was in exchange for a check which is later dishonored;

(c) It was agreed that the transaction was to be a "cash sale"; or

(d) The delivery was procured through fraud punishable as larcenous under the

criminal law.

(2) A subsequent lessee in the ordinary course of business from a lessor who is a

merchant dealing in goods of that kind to whom the goods were entrusted by the

existing lessee of that lessor before the interest of the subsequent lessee became

enforceable against that lessor obtains, to the extent of t he leasehold interest

transferred, all of that lessor's and the existing lessee's rights to the goods, and takes

free of the existing lease contract.

(3) A subsequent lessee from the lessor of goods that are subject to an existing lease

contract and are covered by a certificate of title issued under a statute of this state or

of another jurisdiction takes no greater rights than those provided both by this

section and by the certificate of title statute.