{"data":{"id":"us-wv/w.-va.-code-46-9-323","jurisdiction":"us-wv","citation":"W. Va. Code § 46-9-323","heading":"Future advances.","body":"(a) When priority based on time of advance. Except as otherwise provided in subsection (c) of this section, for purposes of determining the priority of a perfected security interest under section 9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:\n(1) Is made while the security interest is perfected only:\n(A) Under section 9-309 when it attaches; or\n(B) Temporarily under section 9-312(e), (f) or (g); and\n(2) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under section 9-309 or 9-312(e), (f) or (g).\n(b) Lien creditor. Except as otherwise provided in subsection (c) of this section, a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than forty-five days after the person becomes a lien creditor unless the advance is made:\n(1) Without knowledge of the lien; or\n(2) Pursuant to a commitment entered into without knowledge of the lien.\n(c) Buyer of receivables. Subsections (a) and (b) of this section do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles or promissory notes or a consignor.\n(d) Buyer of goods. Except as otherwise provided in subsection (e) of this section, a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:\n(1) The time the secured party acquires knowledge of the buyer's purchase; or\n(2) Forty-five days after the purchase.\n(e) Advances made pursuant to commitment: priority of buyer of goods. Subsection (d) of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the forty-five-day period.\n(f) Lessee of goods. Except as otherwise provided in subsection (g) of this section, a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:\n(1) The time the secured party acquires knowledge of the lease; or\n(2) Forty-five days after the lease contract becomes enforceable.\n(g) Advances made pursuant to commitment: priority of lessee of goods. Subsection (f) of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five-day period.","path":["CHAPTER 46. UNIFORM COMMERCIAL CODE.","ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER."],"source_url":"https://code.wvlegislature.gov/46-9-323/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:54Z","sha256":"e9502d3ecf889383b7b01b18ae0e7fc550dbb4015b1f897990ae16f743eb2fa4","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46-9-322","next":"us-wv/w.-va.-code-46-9-324"},"notice":"GroundRules: Original legal text. Not legal advice."}