| 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.) |