LD 2245
pg. 421
Page 420 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 422 of 493
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LR 1087
Item 1

 
cite section 9-1622, subsection (1)] sets forth the effect of an
acceptance of collateral.

 
3. Conditions to Effective Acceptance. Subsection (a) [Maine
cite subsection (1)] contains the conditions necessary to the
effectiveness of an acceptance of collateral. Subsection (a)(1)
[Maine cite subsection (1), paragraph (a)] requires the debtor's
consent. Under subsections (c)(1) and (c)(2) [Maine cite
subsection (3), paragraphs (a) and (b)], the debtor may consent
by agreeing to the acceptance in writing after default.
Subsection (c)(2) [Maine cite subsection (3), paragraph
(b)]contains an alternative method by which to satisfy the
debtor's-consent condition in subsection (a)(1) [Maine cite
subsection (1), paragraph (a)]. It follows the proposal-and-
objection model found in former Section 9-505: The debtor
consents if the secured party sends a proposal to the debtor and
does not receive an objection within 20 days. Under subsection
(c)(1) [Maine cite subsection (3), paragraph (a)], however, that
silence is not deemed to be consent with respect to acceptances
in partial satisfaction. Thus, a secured party who wishes to
conduct a "partial strict foreclosure" must obtain the debtor's
agreement in a record authenticated after default. In all other
respects, the conditions necessary to an effective partial strict
foreclosure are the same as those governing acceptance of
collateral in full satisfaction. (But see subsection (g) [Maine
cite subsection (7)], prohibiting partial strict foreclosure of a
security interest in consumer transactions.)

 
The time when a debtor consents to a strict foreclosure is
significant in several circumstances under this section and the
following one. See Sections 9-620(a)(1), (d)(2) [Maine cite
section 9-1620, subsection (1), paragraph (a), subsection (4),
paragraph (b)], 9-621(a)(1), (a)(2), (a)(3) [Maine cite section
9-1621, subsection (1), paragraphs (a), (b) and (c)]. For
purposes of determining the time of consent, a debtor's
conditional consent constitutes consent.

 
Subsection (a)(2) [Maine cite subsection (1), paragraph (b)]
contains the second condition to the effectiveness of an
acceptance under this section-the absence of a timely objection
from a person holding a junior interest in the collateral or from
a secondary obligor. Any junior party-secured party or
lienholder-is entitled to lodge an objection to a proposal, even
if that person was not entitled to notification under Section 9-
621 [Maine cite section 9-1621]. Subsection (d) [Maine cite
subsection (4)], discussed below, indicates when an objection is
timely.


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