LD 2245
pg. 331
Page 330 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 332 of 493
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LR 1087
Item 1

 
statement for the financing statement or file the termination
statement in the filing office if:

 
(a)__Except in the case of a financing statement covering
accounts or chattel paper that has been sold or goods that
are the subject of a consignment, there is no obligation
secured by the collateral covered by the financing statement
and no commitment to make an advance, incur an obligation or
otherwise give value;

 
(b)__The financing statement covers accounts or chattel
paper that has been sold but as to which the account debtor
or other person obligated has discharged its obligation;

 
(c)__The financing statement covers goods that were the
subject of a consignment to the debtor but are not in the
debtor's possession; or

 
(d)__The debtor did not authorize the filing of the initial
financing statement.

 
(4)__Except as otherwise provided in section 9-1510, upon the
filing of a termination statement with the filing office, the
financing statement to which the termination statement relates
ceases to be effective.

 
Official Comment

 
1. Source. Former Section 9-404.

 
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unless the section is superseded by a certificate-of-title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


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