Subsection (c) [Maine cite subsection (3)] generally follows former Section 9-313(8). It gives the secured party the right to remove fixtures under certain circumstances. A secured party whose security interest in fixtures has priority over owners and encumbrancers of the real property may remove the collateral from the real property. However, subsection (d) [Maine cite subsection (4)] requires the secured party to reimburse any owner (other than the debtor) or encumbrancer for the cost of repairing any physical injury caused by the removal. This right to reimbursement is implemented by the last sentence of subsection (d) [Maine cite subsection (4)], which gives the owner or encumbrancer a right to security or indemnity as a condition for giving permission to remove.

§9-1605.__Unknown debtor or secondary obligor

A secured party does not owe a duty based on its status as secured party:

(1)__To a person that is a debtor or obligor unless the secured party knows:

(a)__That the person is a debtor or obligor;

(b)__The identity of the person; and

(c)__How to communicate with the person; or

(2)__To a secured party or lienholder that has filed a financing statement against a person unless the secured party knows:

(a)__That the person is a debtor; and

(b)__The identity of the person.

Official Comment

1. Source. New.