LD 2245
pg. 124
Page 123 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 125 of 493
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LR 1087
Item 1

 
perfection. Under the law of State A, for purposes of perfecting
SP's security interest in the dealer's inventory, the proper
method of perfection is filing--not compliance with State A's
certificate-of-title statute. For that reason, the goods are not
covered by a "certificate of title," and the second condition is
not met. Thus, Section 9-303 [Maine cite section 9-1303] does
not apply to the goods. Instead, Section 9-301 [Maine cite
section 9-1301] applies, and the applicable law is that of State
B, where the debtor (dealer) is located.

 
6. External Constraints on This Section. The need to
coordinate Article 9 [Maine cite Article 9-A] with a variety of
nonuniform certificate-of-title statutes, the need to provide
rules to take account of situations in which multiple
certificates of title are outstanding with respect to particular
goods, and the need to govern the transition from perfection by
filing in one jurisdiction to perfection by notation in another
all create pressure for a detailed and complex set of rules. In
an effort to minimize complexity, this Article does not attempt
to coordinate Article 9 [Maine cite Article 9-A] with the entire
array of certificate-of-title statutes. In particular, Sections
9-303 [Maine cite section 9-1303], 9-311 [Maine cite section 9-
1311], and 9-316(d) and (e) [Maine cite section 9-1316,
subsections (4) and (5)] assume that the certificate-of-title
statutes to which they apply do not have relation-back provisions
(i.e., provisions under which perfection is deemed to occur at a
time earlier than when the perfection steps actually are taken).
A Legislative Note to Section 9-311 [Maine cite section 9-1311]
recommends the elimination of relation-back provisions in
certificate-of-title statutes affecting perfection of security
interests.

 
Ideally, at any given time, only one certificate of title is
outstanding with respect to particular goods. In fact, however,
sometimes more than one jurisdiction issues more than one
certificate of title with respect to the same goods. This
situation results from defects in certificate-of-title laws and
the interstate coordination of those laws, not from deficiencies
in this Article. As long as the possibility of multiple
certificates of title remains, the potential for innocent parties
to suffer losses will continue. At best, this Article can
identify clearly which innocent parties will bear the losses in
familiar fact patterns.

 
§9-1304.__Law governing perfection and priority of security

 
interests in deposit accounts

 
(1)__The local law of a bank's jurisdiction governs
perfection, the effect of perfection or nonperfection and the


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