LD 2245
pg. 395
Page 394 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 396 of 493
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LR 1087
Item 1

 
Subsections (b) and (c) [Maine cite subsections (2) and (3)]
resolve an uncertainty under former Article 9 by providing that
secondary obligors (sureties) are entitled to receive
notification of an intended disposition of collateral, regardless
of who created the security interest in the collateral. If the
surety created the security interest, it would be the debtor. If
it did not, it would be a secondary obligor. (This Article also
resolves the question of the secondary obligor's ability to
waive, pre-default, the right to notification-waiver generally is
not permitted. See Section 9-602 [Maine cite section 9-1602]).
Section 9-605 [Maine cite section 9-1605] relieves a secured
party from any duty to send notification to a debtor or secondary
obligor unknown to the secured party.

 
Under subsection (b) [Maine cite subsection (2)], the
principal obligor (borrower) is not always entitled to
notification of disposition.

 
Example: Behnfeldt borrows on an unsecured basis, and Bruno
grants a security interest in her car to secure the debt.
Behnfeldt is a primary obligor, not a secondary obligor. As
such, she is not entitled to notification of disposition under
this section.

 
4. Notification to Other Secured Parties. Prior to the 1972
amendments to Article 9, former Section 9-504(3) required the
enforcing secured party to send reasonable notification of the
disposition:

 
except in the case of consumer goods to any other person who
has a security interest in the collateral and who has duly filed
a financing statement indexed in the name of the debtor in this
State or who is known by the secured party to have a security
interest in the collateral.

 
The 1972 amendments eliminated the duty to give notice to secured
parties other than those from whom the foreclosing secured party
had received written notice of a claim of an interest in the
collateral.

 
Many of the problems arising from dispositions of collateral
encumbered by multiple security interests can be ameliorated or
solved by informing all secured parties of an intended
disposition and affording them the opportunity to work with one
another. To this end, subsection (c)(3)(B) [Maine cite
subsection (3), paragraph (c), subparagraph (ii)] expands the
duties of the foreclosing secured party to include the duty to
notify (and the corresponding burden of searching the files to
discover) certain competing secured parties. The subsection
imposes a search
burden that in some cases may be greater than


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