LD 2245
pg. 408
Page 407 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 409 of 493
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LR 1087
Item 1

 
6. Certain "Low-Price" Dispositions. Subsection (f) [Maine cite
subsection (6)] provides a special method for calculating a
deficiency or surplus when the secured party, a person related to
the secured party (defined in Section 9-102 [Maine cite section 9-
1102]), or a secondary obligor acquires the collateral at a
foreclosure disposition. It recognizes that when the foreclosing
secured party or a related party is the transferee of the
collateral, the secured party sometimes lacks the incentive to
maximize the proceeds of disposition. As a consequence, the
disposition may comply with the procedural requirements of this
Article (e.g., it is conducted in a commercially reasonable manner
following reasonable notice) but nevertheless fetch a low price.

 
Subsection (f) [Maine cite subsection (6)] adjusts for this
lack of incentive. If the proceeds of a disposition of
collateral to a secured party, a person related to the secured
party, or a secondary obligor are "significantly below the range
of proceeds that a complying disposition to a person other than
the secured party, a person related to the secured party, or a
secondary obligor would have brought," then instead of
calculating a deficiency (or surplus) based on the actual net
proceeds, the calculation is based upon the amount that would
have been received in a commercially reasonable disposition to a
person other than the secured party, a person related to the
secured party, or a secondary obligor. Subsection (f) [Maine
cite subsection (6)] thus rejects the view that the secured
party's receipt of such a price necessarily constitutes
noncompliance with Part 6. However, such a price may suggest the
need for greater judicial scrutiny. See Section 9-610 [Maine
cite section 9-1610], Comment 10.

 
7. "Person Related To." Section 9-102 [Maine cite section 9-
1102] defines "person related to." That term is a key element of
the system provided in subsection (f) [Maine cite subsection (6)]
for low-price dispositions. One part of the definition applies
when the secured party is an individual, and the other applies
when the secured party is an organization. The definition is
patterned closely on the corresponding definition in Section
1.301(32) of the Uniform Consumer Credit Code.

 
§9-1616.__Explanation of calculation of surplus or deficiency

 
(1)__In this section:

 
(a)__"Explanation" means a writing that:

 
(i)__States the amount of the surplus or deficiency;


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