Maryland Commercial Law Section 9-513

Article - Commercial Law

§ 9-513.

      (a)      A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:

            (1)      There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or

            (2)      The debtor did not authorize the filing of the initial financing statement.

      (b)      To comply with subsection (a), a secured party shall cause the secured party of record to file the termination statement:

            (1)      Within 1 month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or

            (2)      If earlier, within 20 days after the secured party receives an authenticated demand from a debtor.

      (c)      In cases not governed by subsection (a), within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:

            (1)      Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;

            (2)      The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;

            (3)      The financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or

            (4)      The debtor did not authorize the filing of the initial financing statement.

      (d)      Except as otherwise provided in § 9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in § 9-510, for purposes of §§ 9-519(f), 9-522(a), and 9-523(b), the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.



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