To determine who is entitled to notification, the foreclosing secured party must determine the proper office for filing a financing statement as of a particular date, measured by reference to the "notification date," as defined in subsection (a) [Maine cite subsection (1)]. This determination requires reference to the choice-of-law provisions of Part 3. The secured party must ascertain whether any financing statements covering the collateral and indexed under the debtor's name, as the name existed as of that date, in fact were filed in that office. The foreclosing secured party generally need not notify secured parties whose effective financing statements have become more difficult to locate because of changes in the location of the debtor, proceeds rules, or changes in the debtor's name.

Under subsection (c)(3)(C) [Maine cite subsection (3), paragraph (c), subparagraph (iii)], the secured party also must notify a secured party who has perfected a security interest by complying with a statute or treaty described in Section 9-311(a) [Maine cite section 9-1311, subsection (1)], such as a certificate-of-title statute.

Subsection (e) [Maine cite subsection (5)] provides a "safe harbor" that takes into account the delays that may be attendant to receiving information from the public filing offices. It provides, generally, that the secured party will be deemed to have satisfied its notification duty under subsection (c)(3)(B) [Maine cite subsection (3), paragraph (c), subparagraph (ii)] if it requests a search from the proper office at least 20 but not more than 30 days before sending notification to the debtor and if it also sends a notification to all secured parties (and other lienholders) reflected on the search report. The secured party's duty under subsection (c)(3)(B) [Maine cite subsection (3), paragraph (c), subparagraph (ii)] also will be satisfied if the secured party requests but does not receive a search report before the notification is sent to the debtor. Thus, if subsection (e) [Maine cite subsection (5)] applies, a secured party who is entitled to notification under subsection (c)(3)(B) [Maine cite subsection (3), paragraph (c), subparagraph (ii)] has no remedy against a foreclosing secured party who does not send the notification. The foreclosing secured party has complied with the notification requirement. Subsection (e) [Maine cite subsection (5)] has no effect on the requirements of the other paragraphs of subsection (c) [Maine cite subsection (3)]. For example, if the foreclosing secured party received a notification from the holder of a conflicting security interest in accordance with subsection (c)(3)(A) [Maine cite subsection (3), paragraph (c), subparagraph (i)] but failed to send to the holder a