LD 2245
pg. 431
Page 430 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 432 of 493
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LR 1087
Item 1

 
(d)__Fails to cause the secured party of record to file or
send a termination statement as required by section 9-1513,
subsection (1) or (3);

 
(e)__Fails to comply with section 9-1616, subsection (2),
paragraph (a) and whose failure is part of a pattern, or
consistent with a practice, of noncompliance; or

 
(f)__Fails to comply with section 9-1616, subsection (2),
paragraph (b).

 
(6)__A debtor or consumer obligor may recover damages under
subsection (2) and, in addition, $500 in each case from a person
that, without reasonable cause, fails to comply with a request
under section 9-1210.__A recipient of a request under section 9-
1210 that never claimed an interest in the collateral or
obligations that are the subject of a request under that section
has a reasonable excuse for failure to comply with the request
within the meaning of this subsection.

 
(7)__If a secured party fails to comply with a request
regarding a list of collateral or a statement of account under
section 9-1210, the secured party may claim a security interest
only as shown in the statement included in the request as against
a person that is reasonably misled by the failure.

 
Official Comment

 
1. Source. Former Section 9-507.

 
2. Remedies for Noncompliance; Scope. Subsections (a) and
(b) [Maine cite subsections (1) and (2)] provide the basic
remedies afforded to those aggrieved by a secured party's failure
to comply with this Article. Like all provisions that create
liability, they are subject to Section 9-628 [Maine cite section
9-1628], which should be read in conjunction with Section 9-605
[Maine cite section 9-1605]. The principal limitations under
this Part on a secured party's right to enforce its security
interest against collateral are the requirements that it proceed
in good faith (Section 1-203), in a commercially reasonable
manner (Sections 9-607 and 9-610 [Maine cite sections 9-1607 and
9-1610]), and, in most cases, with reasonable notification
(Sections 9-611 through 9-614 [Maine cite sections 9-1611 to 9-
1614]. Following former Section 9-507, under subsection (a)
[Maine cite subsection (1)] an aggrieved person may seek
injunctive relief, and under subsection (b) [Maine cite
subsection (2)] the person may recover damages for losses caused
by noncompliance. Unlike former Section 9-507, however,
subsections (a) and (b) [Maine cite subsections (1) and (2)] are
not limited to noncompliance with provisions of this
Part of


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