| Subsection (d) [Maine cite subsection (4)] deals with the |
filing office's unjustified refusal to accept a record. Here, |
the filer is in no position to prevent the rejection and as a |
general matter should not be prejudiced by it. Although |
wrongfully rejected records generally are effective, subsection |
(d) [Maine cite subsection (4)] contains a special rule to |
protect a third-party purchaser of the collateral (e.g., a buyer |
or competing secured party) who gives value in reliance upon the |
apparent absence of the record from the files. As against a |
person who searches the public record and reasonably relies on |
what the public record shows, subsection (d) [Maine cite |
subsection (4)] imposes upon the filer the risk that a record |
failed to make its way into the filing system because of the |
filing office's wrongful rejection of it. (Compare Section 9-517 |
[Maine cite subsection 9-1517], under which a mis-indexed |
financing statement is fully effective.) This risk is likely to |
be small, particularly when a record is presented electronically, |
and the filer can guard against this risk by conducting a post- |
filing search of the records. Moreover, Section 9-520(b) [Maine |
cite section 9-1520, subsection (2)] requires the filing office |
to give prompt notice of its refusal to accept a record for |
filing. |