LD 2245
pg. 122
Page 121 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 123 of 493
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LR 1087
Item 1

 
Normally, under the law of the relevant jurisdiction, the
perfection step would consist of compliance with that
jurisdiction's certificate-of-title statute and a resulting
notation of the security interest on the certificate of title. See
Section 9-311(b) [Maine cite section 9-1301, subsection (2)]. In
the typical case of an automobile or over-the-road truck, a person
who wishes to take a security interest in the vehicle can ascertain
whether it is subject to any security interests by looking at the
certificate of title. But certificates of title cover certain
types of goods in some States but not in others. A secured party
who does not realize this may extend credit and attempt to perfect
by filing in the jurisdiction in which the debtor is located. If
the goods had been titled in another jurisdiction, the lender would
be unperfected.

 
Subsection (b) [Maine cite subsection (2)] explains when goods
become covered by a certificate of title and when they cease to
be covered. Goods may become covered by a certificate of title,
even though no certificate of title has issued. Former Section
9-103(2)(b) provided that the law of the jurisdiction issuing the
certificate ceases to apply upon "surrender" of the certificate.
This Article eliminates the concept of "surrender." However, if
the certificate is surrendered in conjunction with an appropriate
application for a certificate to be issued by another
jurisdiction, the law of the original jurisdiction ceases to
apply because the goods became covered subsequently by a
certificate of title from another jurisdiction. Alternatively,
the law of the original jurisdiction ceases to apply when the
certificate "ceases to be effective" under the law of that
jurisdiction. Given the diversity in certificate-of-title
statutes, the term "effective" is not defined.

 
4. Continued Perfection. The fact that the law of one State
ceases to apply under subsection (b) [Maine cite subsection (2)]
does not mean that a security interest perfected under that law
becomes unperfected automatically. In most cases, the security
interest will remain perfected. See Section 9-316(d), (e) [Maine
cite section 9-1316, subsection (4), subsection (5)]. Moreover,
a perfected security interest may be subject to defeat by certain
buyers and secured parties. See Section 9-337 [Maine cite
section 9-1337].

 
5. Inventory. Compliance with a certificate-of-title statute
generally is not the method of perfecting security interests in
inventory. Section 9-311(d) [Maine cite section 9-1311,
subsection (4)] provides that a security interest created in
inventory held by a person in the business of selling or


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