LD 2245
pg. 140
Page 139 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 141 of 493
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LR 1087
Item 1

 
the 20-day period). Bank's security interest would be vulnerable
to any interests arising during the gap period which under
Section 9-317 [Maine cite section 9-1317] take priority over an
unperfected security interest.

 
5. Supporting Obligations. Subsection (d) [Maine cite
subsection (4)] is new. It provides for automatic perfection of
a security interest in a supporting obligation for collateral if
the security interest in the collateral is perfected. This is
unlikely to effect any change in the law prior to adoption of
this Article.

 
Example 2: Buyer is obligated to pay Debtor for goods sold.
Buyer's president guarantees the obligation. Debtor creates a
security interest in the right to payment (account) in favor of
Lender. Under Section 9-203(f) [Maine cite section 9-1203,
subsection (6)], the security interest attaches to Debtor's
rights under the guarantee (supporting obligation). Under
subsection (d) [Maine cite subsection (4)], perfection of the
security interest in the account constitutes perfection of the
security interest in Debtor's rights under the guarantee.

 
6. Rights to Payment Secured by Lien. Subsection (e) [Maine
cite subsection (5)] is new. It deals with the situation in
which a security interest is created in a right to payment that
is secured by a security interest, mortgage, or other lien.

 
Example 3: Owner gives to Mortgagee a mortgage on Blackacre
to secure a loan. Owner's obligation to pay is evidenced by a
promissory note. In need of working capital, Mortgagee borrows
from Financer and creates a security interest in the note in
favor of Financer. Section 9-203(g) [Maine cite section 9-1203,
subsection (7)] adopts the traditional view that the mortgage
follows the note; i.e., the transferee of the note acquires the
mortgage, as well. This subsection adopts a similar principle:
perfection of a security interest in the right to payment
constitutes perfection of a security interest in the mortgage
securing it.

 
An important consequence of the rules in Section 9-203(g)
[Maine cite section 9-1203, subsection (7)] and subsection (e)
[Maine cite subsection (5)] is that, by acquiring a perfected
security interest in a mortgage (or other secured) note, the
secured party acquires a security interest in the mortgage (or
other lien) that is senior to the rights of a person who becomes
a lien creditor of the mortgagee (Article 9 debtor [Maine cite
Article 9-A debtor]). See Section 9-317(a)(2) [Maine cite
section 9-1317, subsection (1), paragraph (b)]. This result
helps prevent the separation of the mortgage (or other lien) from
the note.


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