1. Source. New.

2. Effectiveness of Mis-Indexed Records. This section provides that the filing office's error in mis-indexing a record does not render ineffective an otherwise effective record. As did former Section 9-401, this section imposes the risk of filing-office error on those who search the files rather than on those who file.

§9-1518.__Claim concerning inaccurate or wrongfully filed record

(1)__A person may file in the filing office a correction statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.

(2)__A correction statement must:

(a)__Identify the record to which it relates by:

(i)__The file number assigned to the initial financing statement to which the record relates; and

(ii)__If the correction statement relates to a record filed in a filing office described in section 9-1501, subsection (1), paragraph (a), the date and time that the initial financing statement was filed and the information specified in section 9-1502, subsection (2);

(b)__Indicate that it is a correction statement; and

(c)__Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.

Official Comment

1. Source. New.

2. Correction Statements. Former Article 9 did not afford a nonjudicial means for a debtor to correct a financing statement or other record that was inaccurate or wrongfully filed. Subsection (a) [Maine cite subsection (1)] affords the debtor the right to file a correction statement. Among other requirements,