LD 2245
pg. 16
Page 15 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 17 of 493
Download Bill Text
LR 1087
Item 1

 
payment intangibles. It also sets forth the enforcement rights
of a depositary bank holding a security interest in a deposit
account maintained with the depositary bank. Section 9-607
[Maine cite section 9-1607] relates solely to the rights of a
secured party vis-a-vis a debtor with respect to collections and
enforcement. It does not affect the rights or duties of third
parties, such as account debtors on collateral, which are
addressed elsewhere (e.g., Section 9-406) [Maine cite section 9-
1406]. Section 9-608 [Maine cite section 9-1608] clarifies the
manner in which proceeds of collection or enforcement are to be
applied.

 
Disposition of collateral: Warranties of title. Section 9-
610 [Maine cite section 9-1610] imposes on a secured party who
disposes of collateral the warranties of title, quiet possession,
and the like that are otherwise applicable under other law. It
also provides rules for the exclusion or modification of those
warranties.

 
Disposition of collateral: Notification, application of
proceeds, surplus and deficiency, other effects. Section 9-611
[Maine cite section 9-1611] requires a secured party to give
notification of a disposition of collateral to other secured
parties and lienholders who have filed financing statements
against the debtor covering the collateral. (That duty was
eliminated by the 1972 revisions to Article 9.) However, that
section relieves the secured party from that duty when the
secured party undertakes a search of the records and a report of
the results is unreasonably delayed. Section 9-613 [Maine cite
section 9-1613], which applies only to non-consumer transactions,
specifies the contents of a sufficient notification of
disposition and provides that a notification sent 10 days or more
before the earliest time for disposition is sent within a
reasonable time. Section 9-615 [Maine cite section 9-1615]
addresses the application of proceeds of disposition, the
entitlement of a debtor to any surplus, and the liability of an
obligor for any deficiency. Section 9-619 [Maine cite section 9-
1619] clarifies the effects of a disposition by a secured party,
including the rights of transferees of the collateral.

 
Rights and duties of secondary obligor. Section 9-618 [Maine
cite section 9-1618] provides that a secondary obligor obtains
the rights and assumes the duties of a secured party if the
secondary obligor receives an assignment of a secured obligation,
agrees to assume the secured party's rights and duties upon a
transfer to it of collateral, or becomes subrogated to the rights
of the secured party with respect to the collateral. The
assumption, transfer, or subrogation is not a disposition of
collateral under Section 9-610 [Maine cite section 9-1610], but
it does relieves the former secured party of further


Page 15 of 493 Top of Page Page 17 of 493