| | | accounting or a request regarding a list of collateral or | | statement of account under Section 9-210 [Maine cite section 9- | | 1210]. However, under subsection (f) [Maine cite subsection | | (6)], a person has a reasonable excuse for the failure if the | | person never claimed an interest in the collateral or obligations | | that were the subject of the request. |
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| | | 6. Estoppel. Subsection (g) [Maine cite subsection (7)] | | limits the extent to which a secured party who fails to comply | | with a request regarding a list of collateral or statement of | | account may claim a security interest. |
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| | | §9-1626.__Action in which deficiency or surplus is in issue |
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| | | (1)__In an action arising from a transaction, other than a | | consumer transaction, in which the amount of a deficiency or | | surplus is in issue, the following rules apply. |
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| | | (a)__A secured party need not prove compliance with the | | provisions of this part relating to collection, enforcement, | | disposition or acceptance unless the debtor or a secondary | | obligor places the secured party's compliance in issue. |
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| | | (b)__If the secured party's compliance is placed in issue, | | the secured party has the burden of establishing that the | | collection, enforcement, disposition or acceptance was | | conducted in accordance with this part. |
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| | | (c)__Except as otherwise provided in section 9-1628, if a | | secured party fails to prove that the collection, | | enforcement, disposition or acceptance was conducted in | | accordance with the provisions of this part relating to | | collection, enforcement, disposition or acceptance, the | | liability of a debtor or a secondary obligor for a | | deficiency is limited to an amount by which the sum of the | | secured obligation, expenses and attorney's fees exceeds the | | greater of: |
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| | | (i)__The proceeds of the collection, enforcement, | | disposition or acceptance; or |
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| | | (ii)__The amount of proceeds that would have been | | realized had the noncomplying secured party proceeded | | in accordance with the provisions of this part relating | | to collection, enforcement, disposition or acceptance. |
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| | | (d)__For purposes of paragraph (c), subparagraph (ii), the | | amount of proceeds that would have been realized is equal to | | the sum of the secured obligation, expenses and attorney's |
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