Question

A typewriter, which was subject to a prior UCC security interest, was delivered to Ed Fogel for repair. Fogel, who is engaged in the business of repairing typewriters, repaired the typewriter. However, the owner of the typewriter now refuses to pay for the services performed by Fogel. The state in which Fogel operates his business has a statute which gives Fogel a mechanics lien on the typewriter. Fogel's mechanics lien:

A. takes priority over a prior perfected security interest under all circumstances.

B. is subject to a prior perfected purchase money security interest under all circumstances.

C. is subject to a prior unperfected security interest where the statute is silent as to priority.

D. takes priority over a prior perfected security interest unless the statute expressly provides otherwise.

Answer

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