| | | 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). |
|
|