Scope

(a) Except as otherwise provided in subsections (c) and (d), this article applies to: (1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) An agricultural lien; (3) A sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) A consignment; (5) A security interest arising under § 28:2-401, 2-505, 2-711(3), or 2A-508(5), as provided in § 28:9-110; and (6) A security interest arising under § 28:4-210 or 5-118. (b) The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply. (c) This article does not apply to the extent that: (1) A statute, regulation, or treaty of the United States preempts this article; (2) Another statute of the District expressly governs the creation, perfection, priority, or enforcement of a security interest created by the District or a governmental unit of the District; (3) A statute of another State, a foreign country, or a governmental unit of another State or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the State, country, or governmental unit; or (4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 28:5-114. (d) This article does not apply to: (1) A landlord’s lien, other than an agricultural lien; (2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 28:9-333 applies with respect to priority of the lien; (3) An assignment of a claim for wages, salary, or other compensation of an employee; (4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; (5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; (6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract; (7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; (8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but §§ 28:9-315 and 28:9-322 apply with respect to proceeds and priorities in proceeds; (9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; (10) A right of recoupment or set-off, but: (A) § 28:9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and (B) § 28:9-404 applies with respect to defenses or claims of an account debtor; (11) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for: (A) Liens on real property in §§ 28:9-203 and 28:9-308; (B) Fixtures in § 28:9-334; (C) Fixture filings in §§ 28:9-501, 28:9-502, 28:9-512, 28:9-516, and 28:9-519; and (D) Security agreements covering personal and real property in § 28:9-604; (12) An assignment of a claim arising in tort, other than a commercial tort claim, but §§ 28:9-315 and 28:9-322 apply with respect to proceeds and priorities in proceeds; or (13) An assignment of a deposit account in a consumer transaction, but §§ 28:9-315 and 28:9-322 apply with respect to proceeds and priorities in proceeds.