LD 2245
pg. 432
Page 431 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 433 of 493
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LR 1087
Item 1

 
Article 9 [Maine cite Article 9-A]. Rather, they apply to
noncompliance with any provision of this Article. The change
makes this section applicable to noncompliance with Sections 9-
207 [Maine cite section 9-1207] (duties of secured party in
possession of collateral), 9-208 [Maine cite section 9-1208]
(duties of secured party having control over deposit account), 9-
209 [Maine cite section 9-1209] (duties of secured party if
account debtor has been notified of an assignment), 9-210 [Maine
cite section 9-1210] (duty to comply with request for accounting,
etc.), 9-509(a) [Maine cite section 9-1509, subsection (1)] (duty
to refrain from filing unauthorized financing statement), and 9-
513(a) or (c) [Maine cite section 9-1513, subsection (1) or (3)]
(duty to provide termination statement). Subsection (a) [Maine
cite subsection (1)] also modifies the first sentence of former
Section 9-507(1) by adding the references to "collection" and
"enforcement." Subsection (c)(2) [Maine cite subsection (3),
paragraph (b)], which gives a minimum damage recovery in
consumer-goods transactions, applies only to noncompliance with
the provisions of this Part.

 
3. Damages for Noncompliance with This Article. Subsection
(b) [Maine cite subsection (2)] sets forth the basic remedy for
failure to comply with the requirements of this Article: a
damage recovery in the amount of loss caused by the
noncompliance. Subsection (c) [Maine cite subsection (3)]
identifies who may recover under subsection (b) [Maine cite
subsection (2)]. It affords a remedy to any aggrieved person who
is a debtor or obligor. However, a principal obligor who is not
a debtor may recover damages only for noncompliance with Section
9-616 [Maine cite section 9-1616], inasmuch as none of the other
rights and duties in this Article run in favor of such a
principal obligor. Such a principal obligor could not suffer any
loss or damage on account of noncompliance with rights or duties
of which it is not a beneficiary. Subsection (c) [Maine cite
subsection (3)] also affords a remedy to an aggrieved person who
holds a competing security interest or other lien, regardless of
whether the aggrieved person is entitled to notification under
Part 6. The remedy is available even to holders of senior
security interests and other liens. The exercise of this remedy
is subject to the normal rules of pleading and proof. A person
who has delegated the duties of a secured party but who remains
obligated to perform them is liable under this subsection. The
last sentence of subsection (d) [Maine cite subsection (4)]
eliminates the possibility of double recovery or other over-
compensation arising out of a reduction or elimination of a
deficiency under Section 9-626 [Maine cite section 9-1626], based
on noncompliance with the provisions of this Part relating to
collection, enforcement, disposition, or acceptance. Assuming no
double recovery, a debtor whose deficiency is eliminated under
Section 9-626 [Maine cite section 9-1626] may pursue a claim for


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