LD 2245
pg. 425
Page 424 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 426 of 493
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LR 1087
Item 1

 
other provisions of this Part. Subsection (e) [Maine cite
subsection (5)] eliminates as superfluous the express statutory
reference to "conversion" found in former Section 9-505.
Remedies available under other law, including conversion, remain
available under this Article in appropriate cases. See Sections
1-103, 1-106.

 
Subsection (g) [Maine cite subsection (7)] prohibits the
secured party in consumer transactions from accepting collateral
in partial satisfaction of the obligation it secures. If a
secured party attempts an acceptance in partial satisfaction in a
consumer transaction, the attempted acceptance is void.

 
§9-1621.__Notification of proposal to accept collateral

 
(1)__A secured party that desires to accept collateral in full
or partial satisfaction of the obligation it secures shall send
its proposal to:

 
(a)__Any person from which the secured party has received,
before the debtor consented to the acceptance, an
authenticated notification of a claim of an interest in the
collateral;

 
(b)__Any other secured party or lienholder that, 10 days
before the debtor consented to the acceptance, held a
security interest in or other lien on the collateral
perfected by the filing of a financing statement that:

 
(i)__Identified the collateral;

 
(ii)__Was indexed under the debtor's name as of that
date; and

 
(iii)__Was filed in the office or offices in which to
file a financing statement against the debtor covering
the collateral as of that date; and

 
(c)__Any other secured party that, 10 days before the debtor
consented to the acceptance, held a security interest in the
collateral perfected by compliance with a statute,
regulation or treaty described in section 9-1311, subsection
(1).

 
(2)__A secured party that desires to accept collateral in
partial satisfaction of the obligation it secures shall send its
proposal to any secondary obligor in addition to the persons
described in subsection (1).

 
Official Comment


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