LD 2245
pg. 308
Page 307 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 309 of 493
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LR 1087
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5. Real-Property-Related Filings. Subsection (b) [Maine cite
subsection (2)] contains the requirements for financing statements
filed as fixture filings and financing statements covering timber
to be cut or minerals and minerals-related accounts constituting
as-extracted collateral. A description of the related real
property must be sufficient to reasonably identify it. See Section
9-108 (Maine cite section 9-1108]. This formulation rejects the
view that the real property description must be by metes and
bounds, or otherwise conforming to traditional real-property
practice in conveyancing, but, of course, the incorporation of such
a description by reference to the recording data of a deed,
mortgage or other instrument containing the description should
suffice under the most stringent standards. The proper test is
that a description of real property must be sufficient so that the
financing statement will fit into the real-property search system
and be found by a real-property searcher. Under the optional
language in subsection (b)(3) [Maine cite subsection (2), paragraph
(c)], the test of adequacy of the description is whether it would
be adequate in a record of a mortgage of the real property. As
suggested in the Legislative Note, more detail may be required if
there is a tract indexing system or a land registration system.

 
If the debtor does not have an interest of record in the real
property, a real-property-related financing statement must show
the name of a record owner, and Section 9-519(d) [Maine cite
section 9-1519, subsection (4)] requires the financing statement
to be indexed in the name of that owner. This requirement also
enables financing statements covering as-extracted collateral or
timber to be cut and financing statements filed as fixture
filings to fit into the real-property search system.

 
6. Record of Mortgage Effective as Financing Statement.
Subsection (c) [Maine cite subsection (3)] explains when a record
of a mortgage is effective as a financing statement filed as a
fixture filing or to cover timber to be cut or as-extracted
collateral. Use of the term "record of a mortgage" recognizes
that in some systems the record actually filed is not the record
pursuant to which a mortgage is created. Moreover, "mortgage" is
defined in Section 9-102 [Maine cite section 9-1102] as an
"interest in real property," not as the record that creates or
evidences the mortgage or the record that is filed in the public
recording systems. A record creating a mortgage may also create
a security interest with respect to fixtures (or other goods) in
conformity with this Article. A single agreement creating a
mortgage on real property and a security interest in chattels is
common and useful for certain purposes. Under subsection (c)
[Maine cite subsection (3)], the recording of the record
evidencing a mortgage (if it satisfies the requirements for a


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