| 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. |
|
| | 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. |
|
| §9-1626.__Action in which deficiency or surplus is in issue |
|
| | (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. |
|
| (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. |
|
| (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. |
|
| (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: |
|
| (i)__The proceeds of the collection, enforcement, | disposition or acceptance; or |
|
| (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. |
|
| (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 |
|
|