| | | 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. |
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| | | 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)]. |
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| | | 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. |
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| | | 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. |
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| | | 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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