LD 2245
pg. 317
Page 316 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 318 of 493
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LR 1087
Item 1

 
(a)__The financing statement is effective to perfect a
security interest in collateral acquired by the debtor
before, or within 4 months after, the change; and

 
(b)__The financing statement is not effective to perfect a
security interest in collateral acquired by the debtor more
than 4 months after the change, unless an amendment to the
financing statement that renders the financing statement not
seriously misleading is filed within 4 months after the
change.

 
Official Comment

 
1. Source. Former Section 9-402(7).

 
2. Scope of Section. This section deals with situations in
which the information in a proper financing statement becomes
inaccurate after the financing statement is filed. Compare
Section 9-338 [Maine cite section 9-1338], which deals with
situations in which a financing statement contains a particular
kind of information concerning the debtor (i.e., the information
described in Section 9-516(b)(5) [Maine cite section 9-1516,
subsection (2), paragraph (e)]) that is incorrect at the time it
is filed.

 
3. Post-Filing Disposition of Collateral. Under subsection
(a) [Maine cite subsection (1)], a financing statement remains
effective even if the collateral is sold or otherwise disposed
of. This subsection clarifies the third sentence of former
Section 9-402(7) by providing that a financing statement remains
effective following the disposition of collateral only when the
security interest or agricultural lien continues in that
collateral. This result is consistent with the conclusion of PEB
Commentary No. 3. Normally, a security interest does continue
after disposition of the collateral. See Section 9-315(a) [Maine
cite section 9-1315, subsection (1)]. Law other than this
Article determines whether an agricultural lien survives
disposition of the collateral.

 
As a consequence of the disposition, the collateral may be
owned by a person other than the debtor against whom the
financing statement was filed. Under subsection (a) [Maine cite
subsection (1)], the secured party remains perfected even if it
does not correct the public record. For this reason, any person
seeking to determine whether a debtor owns collateral free of
security interests must inquire as to the debtor's source of
title and, if circumstances seem to require it, search in the
name of a former owner. Subsection (a) [Maine cite subsection
(1)] addresses only the sufficiency of the information contained
in the financing statement. A disposition of collateral may


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