LD 2245
pg. 113
Page 112 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 114 of 493
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LR 1087
Item 1

 
4. Permitted Types of Requests for Information. Subsection
(a) [Maine cite subsection (1)] contemplates that a debtor may
request three types of information by submitting three types of
"requests" to the secured party. First, the debtor may request
the secured party to prepare and send an "accounting" (defined in
Section 9-102 [Maine cite section 9-1102]). Second, the debtor
may submit to the secured party a list of collateral for the
secured party's approval or correction. Third, the debtor may
submit to the secured party for its approval or correction a
statement of the aggregate amount of unpaid secured obligations.
Inasmuch as a secured party may have numerous transactions and
relationships with a debtor, each request must identify the
relevant transactions or relationships. Subsections (b) and (c)
[Maine cite subsections (2) and (3)] require the secured party to
respond to a request within 14 days following receipt of the
request.

 
5. Recipients Claiming No Interest in the Transaction. A
debtor may be unaware that a creditor with whom it has dealt has
assigned its security interest or the secured obligation.
Subsections (d) and (e) [Maine cite subsections (4) and (5)]
impose upon recipients of requests under this section the duty to
inform the debtor that they claim no interest in the collateral
or secured obligation, respectively, and to inform the debtor of
the name and mailing address of any known assignee or successor.
As under subsections (b) and (c) [Maine cite subsections (2) and
(3)], a response to a request under subsection (d) or (e) [Maine
cite subsection (4) or (5)] is due 14 days following receipt.

 
6. Waiver; Remedy for Failure to Comply. The debtor's rights
under this section may not be waived or varied. See Section 9-
602(2) [Maine cite section 9-1102, subsection (2)]. Section 9-
625(e) [Maine cite section 9-1625, subsection (5)] sets forth the
remedy for noncompliance with the requirements of this section.

 
7. Limitation on Free Responses to Requests. Under
subsection (f) [Maine cite subsection (6)], during a six-month
period a debtor is entitled to receive from the secured party one
free response to a request. The debtor is not entitled to a free
response to each type of request (i.e., three free responses)
during a six-month period.

 
PART 3

 
PERFECTION AND PRIORITY

 
SUBPART 1


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