Martha owns a fossilized dinosaur egg worth $5,000 that she keeps at her brother Darwin’s home. To secure a $2,000 loan from Bank, Martha grants Bank a security interest in the fossilized dinosaur egg. Bank files a financing statement in the appropriate filing office, but misspells Martha’s last name. Afraid that the fossilized dinosaur egg might be sold, Bank asks to take possession of the egg. Martha agrees to give Bank possession, and tells her brother Darwin that Bank will be coming to take the egg. The next day, Martha files for bankruptcy. One day after Martha files for bankruptcy, Bank locates Darwin’s home and takes possession of the egg.
Which of the following is correct?
(1) Even if Bank failed to file a sufficient financing statement, Bank is still a secured party in bankruptcy because Bank perfected its security interest when it took possession of the fossilized dinosaur egg.
(2) Even if Bank failed to file a sufficient financing statement, Bank is still a secured party in bankruptcy because Bank perfected its security interest by possession when Martha notified Darwin that Bank would be coming to get the egg.
(3) Bank is still a secured party in bankruptcy because its financing statement was sufficient to perfect its security interest even if it misspelled Martha’s last name.
(4) Bank's security interest is unperfected in bankruptcy unless Bank can show that misspelling Martha’s last name was not seriously misleading.