| | | assignee's interest as against creditors and transferees of the | | assignor. |
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| | | Similarly, subsection (c) [Maine cite subsection (3)] applies | | to the assignment of a security interest perfected by compliance | | with a statute, regulation, or treaty under Section 9-311(b) | | [Maine cite section 9-1311, subsection (2)], such as a | | certificate-of-title statute. Unless the statute expressly | | provides to the contrary, the security interest will remain | | perfected against creditors of and transferees from the original | | debtor, even if the assignee takes no action to cause the | | certificate of title to reflect the assignment or to cause its | | name to appear on the certificate of title. See PEB Commentary | | No. 12, which discusses this issue under former Section 9-302(3). | | Compliance with the statute is "equivalent to filing" under | | Section 9-311(b) [Maine cite section 9-1311, subsection (2)]. |
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| | | §9-1311.__Perfection of security interests in property subject to |
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| | | certain statutes, regulations and treaties |
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| | | (1)__Except as otherwise provided in subsection (4), the | | filing of a financing statement is not necessary or effective to | | perfect a security interest in property subject to: |
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| | | (a)__A statute, regulation, or treaty of the United States | | whose requirements for a security interest's obtaining | | priority over the rights of a lien creditor with respect to | | the property preempt section 9-1310, subsection (1); |
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| | | (b)__For automobiles, trailers and motorcycles, Title 14, | | sections 3131 and 3132; or |
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| | | (c)__A certificate-of-title statute of another jurisdiction | | that provides for a security interest to be indicated on the | | certificate as a condition or result of the security | | interest's obtaining priority over the rights of a lien | | creditor with respect to the property. |
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| | | (2)__Compliance with the requirements of a statute, regulation | | or treaty described in subsection (1) for obtaining priority over | | the rights of a lien creditor is equivalent to the filing of a | | financing statement under this Article.__Except as otherwise | | provided in subsection (4) and sections 9-1313 and 9-1316, | | subsections (4) and (5) for goods covered by a certificate of | | title, a security interest in property subject to a statute, | | regulation or treaty described in subsection (1) may be perfected | | only by compliance with those requirements, and a security | | interest so perfected remains perfected notwithstanding a change | | in the use or transfer of possession of the collateral. |
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