| In a transaction in which a secured party who has control |
grants a security interest in investment property or sells |
outright the investment property, by virtue of the debtor's |
consent or applicable legal rules, a purchaser from the secured |
party typically will cut off the debtor's rights in the |
investment property or be immune from the debtor's claims. See |
Section 9-207 [Maine cite section 9-1207], Comments 5 and 6. If |
the investment property is a security, the debtor normally would |
retain no interest in the security following the purchase from |
the secured party, and a claim of the debtor against the secured |
party for redemption (Section 9-623 [Maine cite section 9-1623]) |
or otherwise with respect to the security would be a purely |
personal claim. If the investment property transferred by the |
secured party is a financial asset in which the debtor had a |
security entitlement credited to a securities account maintained |
with the secured party as a securities intermediary, the debtor's |
claim against the secured party could arise as a part of its |
securities account notwithstanding its personal nature. (This |
claim would be analogous to a "credit balance" in the securities |
account, which is a component of the securities account even |
though it is a personal claim against the intermediary.) In the |
case in which the debtor may retain an interest in investment |
property notwithstanding a repledge or sale by the secured party, |
subsection (c) [Maine cite subsection (3)] makes clear that the |
security interest will remain perfected by control. |