| 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 |