LD 2245
pg. 423
Page 422 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 424 of 493
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LR 1087
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been met. Absent facts or circumstances indicating a contrary
intention, the fact that the conditions have been met provides a
sufficient indication that the secured party has accepted the
collateral on the terms to which the secured party has consented
or proposed and the debtor has consented or failed to object.
Following a proposal, acceptance of the collateral normally is
automatic upon the secured party's becoming bound and the time
for objection passing. As a matter of good business practice, an
enforcing secured party may wish to memorialize its acceptance
following a proposal, such as by notifying the debtor that the
strict foreclosure is effective or by placing a written record to
that effect in its files. The secured party's agreement to
accept collateral is self-executing and cannot be breached. The
secured party is bound by its agreement to accept collateral and
by any proposal to which the debtor consents.

 
7. No Possession Requirement. This section eliminates the
requirement in former Section 9-505 that the secured party be "in
possession" of collateral. It clarifies that intangible
collateral, which cannot be possessed, may be subject to a strict
foreclosure under this section. However, under subsection (a)(3)
[Maine cite subsection (1), paragraph (c)], if the collateral is
consumer goods, acceptance does not occur unless the debtor is
not in possession.

 
8. When Objection Timely. Subsection (d) [Maine cite
subsection (4)] explains when an objection is timely and thus
prevents an acceptance of collateral from taking effect. An
objection by a person to which notification was sent under
Section 9-621 [Maine cite section 9-1621] is effective if it is
received by the secured party within 20 days from the date the
notification was sent to that person. Other objecting parties
(i.e., third parties who are not entitled to notification) may
object at any time within 20 days after the last notification is
sent under Section 9-621 [Maine cite section 9-1621]. If no such
notification is sent, third parties must object before the debtor
agrees to the acceptance in writing or is deemed to have
consented by silence. The former may occur any time after
default, and the latter requires a 20day waiting period. See
subsection (c) [Maine cite subsection (3)].

 
9. Applicability of Other Law. This section does not purport
to regulate all aspects of the transaction by which a secured
party may become the owner of collateral previously owned by the
debtor. For example, a secured party's acceptance of a motor
vehicle in satisfaction of secured obligations may require
compliance with the applicable motor vehicle certificate-of-title
law. State legislatures should conform those laws so that they
mesh well with this section and Section 9-610 [Maine cite section
9-1610], and courts should construe those laws and this section


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