Avlin Inc. v. Manis

OPINION

ARMIJO, Judge.

1. This is a dispute between two secured lenders both of which claim a superior interest in sale proceeds for the same three automobiles.

2. Plaintiff Avlin, Inc. was a floor plan financier for Affordable Auto Sales, a used car dealer which is not a party to this litigation. Plaintiff claims priority to these sale proceeds pursuant to a general security agreement it had with Affordable which, it argues, included the three automobiles along with the rest of Affordable’s inventory. However, Affordable did not obtain the three vehicles in question from its loan with Avlin.…