LD 2245
pg. 332
Page 331 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 333 of 493
Download Bill Text
LR 1087
Item 1

 
party's duty to cause a notation of a security interest to be
removed from a certificate of title. In the context of a
certificate of title, however, the secured party could comply
with this section by causing the removal itself or providing the
debtor with documentation sufficient to enable the debtor to
effect the removal.

 
Subsections (a) and (b) [Maine cite subsections (1) and (2)]
apply to a financing statement covering consumer goods.
Subsection (c) [Maine cite subsection (3)] applies to other
financing statements. Subsection (a) and (c) [Maine cite
subsections (1) and (3)] each makes explicit what was implicit
under former Article 9: If the debtor did not authorize the
filing of a financing statement in the first place, the secured
party of record should file or send a termination statement. The
liability imposed upon a secured party that fails to comply with
subsection (a) or (c) [Maine cite subsection (1) or (3)] is
identical to that imposed for the filing of an unauthorized
financing statement or amendment. See Section 9-625(e) [Maine
cite section 9-1625, subsection (5)].

 
3. "Bogus" Filings. A secured party's duty to send a
termination statement arises when the secured party "receives" an
authenticated demand from the debtor. In the case of an
unauthorized financing statement, the person named as debtor in
the financing statement may have no relationship with the named
secured party and no reason to know the secured party's address.
Inasmuch as the address in the financing statement is "held out
by [the person named as secured party in the financing statement]
as the place for receipt of such communications [i.e.,
communications relating to security interests]," the putative
secured party is deemed to have "received" a notification
delivered to that address. See Section 1-201(26). If a
termination statement is not forthcoming, the person named as
debtor itself may authorize the filing of a termination
statement, which will be effective if it indicates that the
person authorized it to be filed. See Sections 9-509(d)(2), 9-
510(c) [Maine cite section 9-1509, subsection (4), paragraph (b),
section 9-1510, subsection (3)].

 
4. Buyers of Receivables. Applied literally, former Section
9-404(1) would have required many buyers of receivables to file a
termination statement immediately upon filing a financing
statement because "there is no outstanding secured obligation and
no commitment to make advances, incur obligations, or otherwise
give value." Subsections (c)(1) and (2) [Maine cite subsection
(3), paragraphs (a) and (b)] remedy this problem. While the
security interest of a buyer of accounts or chattel paper (B-1)
is perfected, the debtor is not deemed to retain an interest in
the sold receivables and thus could transfer no


Page 331 of 493 Top of Page Page 333 of 493