LD 2245
pg. 439
Page 438 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 440 of 493
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LR 1087
Item 1

 
related to the secured party, or a secondary obligor. It
contains a special rule for calculating a deficiency or surplus
in a complying disposition that yields a price that is
"significantly below the range of proceeds that a complying
disposition to a person other than the secured party, a person
related to the secured party, or a secondary obligor would have
brought."

 
3. Determination of Commercial Reasonableness; Advance
Approval. It is important to make clear the conduct and
procedures that are commercially reasonable and to provide a
secured party with the means of obtaining, by court order or
negotiation with a creditors' committee or a representative of
creditors, advance approval of a proposed method of enforcement
as commercially reasonable. This section contains rules that
assist in that determination and provides for advance approval in
appropriate situations. However, none of the specific methods of
disposition specified in subsection (b) [Maine cite subsection
(2)] is required or exclusive.

 
4. "Recognized Market." As in Sections 9-610(c) and 9-611(d)
[Maine cite section 9-1610, subsection (3) and section 9-1611,
subsection (4)], the concept of a "recognized market" in
subsections (b)(1) and (2) [Maine cite subsection (1), paragraphs
(a) and (b)] is quite limited; it applies only to markets in
which there are standardized price quotations for property that
is essentially fungible, such as stock exchanges.

 
§9-1628.__Nonliability and limitation on liability of secured

 
party; liability of secondary obligor

 
(1)__Unless a secured party knows that a person is a debtor or
obligor, knows the identity of the person and knows how to
communicate with the person:

 
(a)__The secured party is not liable to the person or to a
secured party or lienholder that has filed a financing
statement against the person for failure to comply with this
Article; and

 
(b)__The secured party's failure to comply with this Article
does not affect the liability of the person for a
deficiency.

 
(2)__A secured party is not liable because of its status as
secured party:

 
(a)__To a person that is a debtor or obligor, unless the
secured party knows:

 
(i)__That the person is a debtor or obligor;


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