LD 2245
pg. 148
Page 147 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 149 of 493
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LR 1087
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assignee's interest as against creditors and transferees of the
assignor.

 
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)].

 
§9-1311.__Perfection of security interests in property subject to

 
certain statutes, regulations and treaties

 
(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:

 
(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);

 
(b)__For automobiles, trailers and motorcycles, Title 14,
sections 3131 and 3132; or

 
(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.

 
(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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