LD 2245
pg. 179
Page 178 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 180 of 493
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LR 1087
Item 1

 
9-303(b) [Maine cite section 9-1303, subsection (2)], Illinois
law ceases to govern perfection; rather, once Debtor delivers the
application and applicable fee to the appropriate Indiana
authority, Indiana law governs. Nevertheless, under Indiana's
Section 9-316(d), Lender's security interest remains perfected
until it would become unperfected under Illinois law had no
certificate of title been issued by Indiana. (For example,
Illinois' certificate-of-title statute may provide that the
surrender of an Illinois certificate of title in connection with
the issuance of a certificate of title by another jurisdiction
causes a security interest noted thereon to become unperfected.)
If Lender's security interest remains perfected, it is senior to
Creditor's judicial lien.

 
Example 9: Under the facts in Example 8, five months after
Debtor applies for an Indiana certificate of title, Debtor sells
the automobile to Buyer. Under subsection (e)(2) [Maine cite
subsection (5), paragraph (b)], because Lender did not reperfect
within the four months after the goods became covered by the
Indiana certificate of title, Lender's security interest is
deemed never to have been perfected against Buyer. Under Section
9-317(b) [Maine cite section 9-1317, subsection (2)], Buyer is
likely to take free of the security interest. Lender could have
protected itself by perfecting its security interest either under
Indiana's certificate-of-title statute, see Section 9-311 [Maine
cite section 9-1311], or, if it had a right to do so under an
agreement or Section 9-610 [Maine cite section 9-1610], by taking
possession of the automobile. See Section 9-313(b) [Maine cite
section 9-1313, subsection (2)].

 
The results in Examples 8 and 9 do not depend on the fact that
the original perfection was achieved by notation on a certificate
of title. Subsection (d) [Maine cite subsection (4)] applies
regardless of the method by which a security interest is
perfected under the law of another jurisdiction when the goods
became covered by a certificate of title from this State.

 
Section 9-337 [Maine cite section 9-1337] affords protection
to a limited class of persons buying or acquiring a security
interest in the goods while a security interest is perfected
under the law of another jurisdiction but after this State has
issued a clean certificate of title.

 
6. Deposit Accounts, Letter-of-Credit Rights and Investment
Property. Subsections (f) and (g) [Maine cite subsections (6)
and (7)] address changes in the jurisdiction of a bank, issuer of
an uncertificated security, issuer of or nominated person under a
letter of credit, securities intermediary, and commodity
intermediary. The provisions are analogous to those of
subsections (a) and (b) [Maine cite subsections (1) and (2)].


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