Other problems arise from transactions and relationships that were entered into under former Article 9 or under non-UCC law and which remain outstanding on the effective date of this Article. The difficulties arise primarily because this Article expands the scope of former Article 9 to cover additional types of collateral and transactions and because it provides new methods of perfection for some types of collateral, different priority rules, and different choice-of-law rules governing perfection and priority. This Section and the other sections in this Part address primarily this second set of problems.

§9-1702.__Savings clause

(1)__Except as otherwise provided in this part, this Article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this Article takes effect.

(2)__Except as otherwise provided in subsection (c) and sections 9-1703 to 9-1708:

(a)__Transactions and liens that were not governed by former Article 9, were validly entered into or created before this Article takes effect and would be subject to this Article if they had been entered into or created after this Article takes effect and the rights, duties and interests flowing from those transactions and liens remain valid after this Article takes effect; and

(b)__The transactions and liens may be terminated, completed, consummated and enforced as required or permitted by this Article or by the law that otherwise would apply if this Article had not taken effect.

(3)__This Article does not affect an action, case or proceeding commenced before this Article takes effect.

Official Comment

1. Pre-Effective-Date Transactions. Subsection (a) [Maine cite subsection (1)] contains the general rule that this Article applies to transactions, security interests, and other liens within its scope (see Section 9-109 [Maine cite section 9-1109]), even if the transaction or lien was entered into or created before the effective date. Thus, secured transactions entered