LD 2245
pg. 147
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LR 1087
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jurisdiction (subsection (b)(10) [Maine cite subsection (2),
paragraph (j)]), or because they are perfected by another method,
such as by the secured party's taking possession or control
(subsections (b)(3), (b)(4), (b)(5), (b)(6), (b)(7), and (b)(8)
[Maine cite subsection (2), paragraphs (c), (d), (e), (f), (g)
and (h)]).

 
4. Assignments of Perfected Security Interests. Subsection
(c) [Maine cite subsection (3)] concerns assignment of a
perfected security interest or agricultural lien. It provides
that no filing is necessary in connection with an assignment by a
secured party to an assignee in order to maintain perfection as
against creditors of and transferees from the original debtor.

 
Example 1: Buyer buys goods from Seller, who retains a
security interest in them. After Seller perfects the security
interest by filing, Seller assigns the perfected security
interest to X. The security interest, in X's hands and without
further steps on X's part, continues perfected against Buyer's
transferees and creditors.

 
Example 2: Dealer creates a security interest in specific
equipment in favor of Lender. After Lender perfects the security
interest in the equipment by filing, Lender assigns the chattel
paper (which includes the perfected security interest in Dealer's
equipment) to X. The security interest in the equipment, in X's
hands and without further steps on X's part, continues perfected
against Dealer's transferees and creditors. However, regardless
of whether Lender made the assignment to secure Lender's
obligation to X or whether the assignment was an outright sale of
the chattel paper, the assignment creates a security interest in
the chattel paper in favor of X. Accordingly, X must take
whatever steps may be required for perfection in order to be
protected against Lender's transferees and creditors with respect
to the chattel paper.

 
Subsection (c) [Maine cite subsection (3)] applies not only to
an assignment of a security interest perfected by filing but also
to an assignment of a security interest perfected by a method
other than by filing, such as by control or by possession.
Although subsection (c) [Maine cite subsection (3)] addresses
explicitly only the absence of an additional filing requirement,
the same result normally will follow in the case of an assignment
of a security interest perfected by a method other than by
filing. For example, as long as possession of collateral is
maintained by an assignee or by the assignor or another person on
behalf of the assignee, no further perfection steps need be taken
on account of the assignment to continue perfection as against
creditors and transferees of the original debtor. Of course,
additional action
may be required for perfection of the


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