LD 2245
pg. 178
Page 177 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 179 of 493
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LR 1087
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equipment in favor of Financer, who perfected by filing in
Pennsylvania. At that time, Financer's security interest is
subordinate to Lender's. See Section 9-322(a)(1) [Maine cite
section 9-1322, subsection (1), paragraph (a)]. Financer
reperfects by filing in Delaware within a year after the merger,
but Lender fails to do so. Under subsection (b) [Maine cite
subsection (2)], Lender's security interest is deemed never to
have been perfected against Financer, a purchaser for value.
Consequently, under Section 9-322(a)(2) [Maine cite section 9-
1322, subsection (1), paragraph (b)], Financer's security
interest is now senior.

 
Of course, the expiration of the time period specified in
subsection (a) [Maine cite subsection (1)] does not of itself
prevent the secured party from later reperfecting under the law
of the new jurisdiction. If the secured party does so, however,
there will be a gap in perfection, and the secured party may lose
priority as a result. Thus, in Example 7, if Lender perfects by
filing in Delaware more than one year under the merger, it will
have a new date of filing and perfection for purposes of Section
9-322(a)(1) [Maine cite section 9-1322, subsection (1), paragraph
(a)]. Financer's security interest, whose perfection dates back
to the filing in Pennsylvania under subsection (b) [Maine cite
subsection (2)], will remain senior.

 
4. Possessory Security Interests. Subsection (c) [Maine cite
subsection (3)] deals with continued perfection of possessory
security interests. It applies not only to security interests
perfected solely by the secured party's having taken possession
of the collateral. It also applies to security interests
perfected by a method that includes as an element of perfection
the secured party's having taken possession, such as perfection
by taking delivery of a certificated security in registered form,
see Section 9-313(a) [Maine cite section 9-1313, subsection (1)]
and perfection by obtaining control over a certificated security.
See Section 9-314(a) [Maine cite section 9-1314, subsection (1)].

 
5. Goods Covered by Certificate of Title. Subsections (d)
and (e) [Maine cite subsections (4) and (5)] address continued
perfection of a security interest in goods covered by a
certificate of title. The following examples explain the
operation of those subsections.

 
Example 8: Debtor's automobile is covered by a certificate of
title issued by Illinois. Lender perfects a security interest in
the automobile by complying with Illinois' certificate-of-title
statute. Thereafter, Debtor applies for a certificate of title
in Indiana. Six months thereafter, Creditor acquires a judicial
lien on the automobile. Under Section


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