(1)  A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, when this act takes effect, the applicable requirements for enforceability and perfection under this act are satisfied without further action.

Terms Used In Utah Code 70A-9a-703

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means :Utah Code 68-3-12.5
(2)  Except as otherwise provided in Section 70A-9a-705, if, immediately before this act takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this act are not satisfied when this act takes effect, the security interest:

(a)  is a perfected security interest for one year after this act takes effect;

(b)  remains enforceable thereafter only if the security interest becomes enforceable under Section 70A-9a-203 before the year expires; and

(c)  remains perfected thereafter only if the applicable requirements for perfection under this act are satisfied before the year expires.

Enacted by Chapter 252, 2000 General Session