| 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. |