{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-1-9-334","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-1-9-334","heading":"Priority of security interests in fixtures and crops","body":"PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS\n\n(a) A security interest under this article may be created in\n\ngoods that are fixtures or may continue in goods that become\n\nfixtures. A security interest does not exist under this article in\n\nordinary building materials incorporated into an improvement on\n\nland.\n\n(b) This article does not prevent creation of an encumbrance\n\nupon fixtures under real property law.\n\n(c) In cases not governed by subsections (d) through (h) of\n\nthis section, a security interest in fixtures is subordinate to a\n\nconflicting interest of an encumbrancer or owner of the related real\n\nproperty other than the debtor.\n\n(d) Except as otherwise provided in subsection (h) of this\n\nsection, a perfected security interest in fixtures has priority over\n\na conflicting interest of an encumbrancer or owner of the real\n\nproperty if the debtor has an interest of record in or is in\n\npossession of the real property and:\n\n(1) the security interest is a purchase-money security\n\ninterest;\n\n(2) the interest of the encumbrancer or owner arises before the\n\ngoods become fixtures; and\n\n(3) the security interest is perfected by a fixture filing\n\nbefore the goods become fixtures or within twenty (20) days\n\nthereafter.\n\n(e) A perfected security interest in fixtures has priority over\n\na conflicting interest of an encumbrancer or owner of the real\n\nproperty if:\n\n(1) the debtor has an interest of record in the real property\n\nor is in possession of the real property and the security interest:\n\n(A) is perfected by a fixture filing before the interest\n\nof the encumbrancer or owner is of record; and\n\n(B) has priority over any conflicting interest of a\n\npredecessor in title of the encumbrancer or owner;\n\n(2) before the goods become fixtures, the security interest is\n\nperfected by any method permitted by this article and the fixtures\n\nare readily removable:\n\n(A) factory or office machines;\n\n(B) equipment that is not primarily used or leased for use\n\nin the operation of the real property; or\n\n(C) replacements of domestic appliances that are consumer\n\ngoods;\n\n(3) the conflicting interest is a lien on the real property\n\nobtained by legal or equitable proceedings after the security\n\ninterest was perfected by any method permitted by this article; or\n\n(4) the security interest is:\n\n(A) created in a manufactured home in a manufactured-home\n\ntransaction; and\n\n(B) perfected pursuant to a statute described in paragraph\n\n(2) of subsection (a) of Section 1-9-311 of this\n\ntitle.\n\n(f) A security interest in fixtures, whether or not perfected,\n\nhas priority over a conflicting interest of an encumbrancer or owner\n\nof the real property if:\n\n(1) the encumbrancer or owner has, in a signed record,\n\nconsented to the security interest or disclaimed an interest in the\n\ngoods as fixtures; or\n\n(2) the debtor has a right to remove the goods as against the\n\nencumbrancer or owner.\n\n(g) The priority of the security interest under paragraph (2)\n\nof subsection (f) of this section continues for a reasonable time if\n\nthe debtor's right to remove the goods as against the encumbrancer\n\nor owner terminates.\n\n(h) A mortgage is a construction mortgage to the extent that it\n\nsecures an obligation incurred for the construction of an\n\nimprovement on land, including the acquisition cost of the land, if\n\na recorded record of the mortgage so indicates. Except as otherwise\n\nprovided in subsections (e) and (f) of this section, a security\n\ninterest in fixtures is subordinate to a construction mortgage if a\n\nrecord of the mortgage is recorded before the goods become fixtures\n\nand the goods become fixtures before the completion of the\n\nconstruction. A mortgage has this priority to the same extent as a\n\nconstruction mortgage to the extent that it is given to refinance a\n\nconstruction mortgage.\nis subordinate to a construction mortgage if a\n\nrecord of the mortgage is recorded before the goods become fixtures\n\nand the goods become fixtures before the completion of the\n\nconstruction. A mortgage has this priority to the same extent as a\n\nconstruction mortgage to the extent that it is given to refinance a\n\nconstruction mortgage.\n\n(i) A perfected security interest in crops growing on real\n\nproperty has priority over a conflicting interest of an encumbrancer\n\nor owner of the real property if the debtor has an interest of\n\nrecord in or is in possession of the real property.\n\n(j) Subsection (i) of this section prevails over any\n\ninconsistent provisions of other statutes of this state.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4501c413e8e98cf0f21e1a3bdce4d49dd5991aaa49a9d9db4d7865cf80fa13f9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-1-9-333","next":"us-ok/okla.-stat.-tit.-12a-12a-1-9-335"},"notice":"GroundRules: Original legal text. Not legal advice."}