U.S. Electronics, a Missouri corporation with a place of business in DeKalb County, Georgia, borrowed money from a Missouri bank. The corporation gave the bank a security interest in all of its machinery and equipment. The bank filed a financing statement in Fulton County rather than in DeKalb County, as required by law. U.S. Electronics defaulted on the loan and fell be hind on its rent. The corporation's landlord obtained a judgment against it for past due rent, be coming a lien creditor.
The landlord claimed priority over the bank for the proceeds of a sheriff's sale of the machinery and equipment, arguing that the bank's security interest was not perfected. Do you agree? Why or why not?
United States v. Waterford No. 2 Office Center, 271 S.E.2d 790 (GA).