LD 2245
pg. 417
Page 416 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 418 of 493
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LR 1087
Item 1

 
collateral.__If a transfer statement is presented with the
applicable fee and request form to the official or office
responsible for maintaining the system, the official or office
shall:

 
(a)__Accept the transfer statement;

 
(b)__Promptly amend its records to reflect the transfer; and

 
(c)__If applicable, issue a new appropriate certificate of
title in the name of the transferee.

 
(3)__A transfer of the record or legal title to collateral to
a secured party under subsection (2) or otherwise is not of
itself a disposition of collateral under this Article and does
not of itself relieve the secured party of its duties under this
Article.

 
Official Comment

 
1. Source. New.

 
2. Transfer of Record or Legal Title. Potential buyers of
collateral that is covered by a certificate of title (e.g., an
automobile) or is subject to a registration system (e.g., a
copyright) typically require as a condition of their purchase
that the certificate or registry reflect their ownership. In
many cases, this condition can be met only with the consent of
the record owner. If the record owner is the debtor and, as may
be the case after the default, the debtor refuses to cooperate,
the secured party may have great difficulty disposing of the
collateral.

 
Subsection (b) [Maine cite subsection (2)] provides a simple
mechanism for obtaining record or legal title, for use primarily
when other law does not provide one. Of course, use of this
mechanism will not be effective to clear title to the extent that
subsection (b) [Maine cite subsection (2)] is preempted by
federal law. Subsection (b) [Maine cite subsection (2)]
contemplates a transfer of record or legal title to a third
party, following a secured party's exercise of its disposition or
acceptance remedies under this Part, as well as a transfer by a
debtor to a secured party prior to the secured party's exercise
of those remedies. Under subsection (c) [Maine cite subsection
(3)], a transfer of record or legal title (under subsection (b)
[Maine cite subsection (2)] or under other law) to a secured
party prior to the exercise of those remedies merely puts the
secured party in a position to pass legal or record title to a
transferee at foreclosure. A secured party who has obtained
record or legal title retains its duties with respect to


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