| 2. Duty to File or Send. This section specifies when a |
secured party must cause the secured party of record to file or |
send to the debtor a termination statement for a financing |
statement. Because most financing statements expire in five |
years unless a continuation statement is filed (Section 9515) |
[Maine cite section 9-1515], no compulsion is placed on the |
secured party to file a termination statement unless demanded by |
the debtor, except in the case of consumer goods. Because many |
consumers will not realize the importance to them of clearing the |
public record, an affirmative duty is put on the secured party in |
that case. But many purchase-money security interests in |
consumer goods will not be filed, except for motor vehicles. See |
Section 9309(1) [Maine cite section 9-1309, subsection (1)]. |
Under Section 9-311(b) [Maine cite section 9-1311, subsection |
(2)], compliance with a certificate-of-title statute is |
"equivalent to the filing of a financing statement under this |
article." Thus, this section applies to a certificate of title |
unless the section is superseded by a certificate-of-title |
statute that contains a specific rule |
addressing a secured |