Idaho State Statutes - Idaho Attorney Directory

(a) Except as otherwise provided in subsection
(c) of this section, for purposes of determining the priority of a perfected
security interest under section 28-9-322(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:
(1) Is made while the security interest is perfected only:
(A) under section 28-9-309 when it attaches; or
(B) temporarily under section 28-9-312(e), (f) or (g); and
(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
28-9-309 or 28-9-312(e), (f) or (g).
(b) 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 (45) days after the person becomes a lien creditor unless the
advance is made:
(1) Without knowledge of the lien; or
(2) Pursuant to a commitment entered into without knowledge of the lien.
(c) 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.
(d) 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:
(1) The time the secured party acquires knowledge of the buyer's
purchase; or
(2) Forty-five (45) days after the purchase.
(e) 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 (45) day period.
(f) 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:
(1) The time the secured party acquires knowledge of the lease; or
(2) Forty-five (45) days after the lease contract becomes enforceable.
(g) 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 (45) day period.

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