Does a creditor's course of dealing, which implied that the creditor had authorization to sell collateral, result in the creditor losing its security interest in the collateral but not in the proceeds?

California, United States of America


The following excerpt is from Producers Cotton Oil Co. v. Amstar Corp., 197 Cal.App.3d 638, 242 Cal.Rptr. 914 (Cal. App. 1988):

Finally, a third line of cases has held that a creditor's course of dealing, which impliedly authorized a sale of the collateral, resulted in the creditor losing its security interest in the collateral but not in the proceeds. Rudio v. Yellowstone Merchandising Corp. (1982) 200 Mont. 537, 652 P.2d 1163, stated Uniform Commercial Code section 9-306, subdivision (2) reserves the right to proceeds notwithstanding the creditor's authorization to sell the collateral. Whether the sale was authorized determines only the secured party's right to obtain possession of the collateral after the sale. It in no manner affects his interest in the retained proceeds as against competing creditors. ( Id. 652 P.2d at pp. 1168-1169.)

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