South Carolina Code 36-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods
(2) Except as otherwise provided in subsections (3) and (4) and in §§ 36-2A-306 and 36-2A-308, a creditor of a lessor takes subject to the lease contract unless:
Terms Used In South Carolina Code 36-2A-307
- Contract: A legal written agreement that becomes binding when signed.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 36-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See South Carolina Code 36-2A-103
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See South Carolina Code 36-2A-103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See South Carolina Code 36-2A-103
- Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See South Carolina Code 36-2A-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See South Carolina Code 36-2A-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See South Carolina Code 36-2A-103
(a) the creditor holds a lien that attached to the goods before the lease contract became enforceable,
(b) the creditor holds a security interest in the goods and the lessee did not give value and receive delivery of the goods without knowledge of the security interest; or
(c) the creditor holds a security interest in the goods which was perfected (§ 36-9-303) before the lease contract became enforceable.
(3) A lessee in the ordinary course of business takes the leasehold interest free of a security interest in the goods created by the lessor even though the security interest is perfected (§ 36-9-303) and the lessee knows of its existence.
(4) A lessee other than a lessee in the ordinary course of business takes the leasehold interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than forty-five days after the lease contract becomes enforceable, whichever first occurs, unless the future advances are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five-day period.