Home Table of Contents

§ 9-501.1. Filing and recording of filing statement

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2015

West's Annotated Code of Maryland
Commercial Law
Title 9. Secured Transactions (Refs & Annos)
Subtitle 5. Filing (Refs & Annos)
Effective: October 1, 2015
MD Code, Commercial Law, § 9-501.1
§ 9-501.1. Filing and recording of filing statement
Currentness
Definitions
(a)(1) In this section, “filing office” means an office described in § 9-501(a).
(2) “Filing office” includes the State Department of Assessments and Taxation.
Application of section
(b) This section does not apply to a financing statement that is a mortgage or deed of trust.
Prohibited actions by person filing or recording
(c) A person may not cause to be filed or recorded under this title a financing statement that the person knows is:
(1) False;
(2) Not authorized to be filed or recorded under this title; or
(3) Not related to a valid existing or potential commercial or financial transaction.
Action by filing office upon belief of violation
(d)(1) If a filing office receives for filing a financing statement that the filing office has reason to believe is being filed by a person in violation of subsection (c), the filing office shall:
(A) Accept for filing the financing statement if it otherwise meets all filing requirements; and
(B) Send a notice to the persons specified in paragraph (2) that:
(i) Identifies the persons named in the financing statement;
(ii) Indicates the date of filing and filing number of the financing statement;
(iii) States the prohibition under subsection (c);
(iv) States that the filing office has reason to believe that the financing statement has been filed in violation of subsection (c) and describes the factual basis for that belief; and
(v) Advises that the financing statement may be terminated by the filing office unless, within 45 days after the notice is sent by the filing office, a person who receives the notice sent by the filing office under paragraph (2) submits to the filing office an affidavit that states the person's belief that the financing statement does not violate subsection (c) and provides the factual basis for that belief.
(2) The notice required under this subsection shall be sent by certified mail, return receipt requested, and by first-class mail, to:
(A) The person identified as the secured party, at the address provided for the person in the financing statement;
(B) The person identified as the debtor, at the address provided for the person in the financing statement; and
(C) If different from the person identified as the secured party, the person who submitted the financing statement for filing, provided that the person's identity and address are known to the filing office.
Submission of debtor upon belief of violation
(e)(1) A person identified as a debtor in a financing statement filed with the filing office who believes that the financing statement was filed in violation of subsection (c) may submit to the filing office an affidavit stating the factual basis for the person's belief.
(2) If the filing office receives an affidavit from a person under paragraph (1) and has reason to believe that the financing statement referenced in the affidavit was filed in violation of subsection (c), the filing office shall send the notice required under subsection (d).
Form of affidavit
(f)(1) The State Department of Assessments and Taxation shall adopt by regulation and make available a form of affidavit that shall be used for the purposes described in subsections (d) and (e).
(2) The form shall require that the affidavit be sworn under the penalties of perjury.
Termination
(g)(1) A filing office may terminate a financing statement after the expiration of the 45-day period specified in the notice required under subsection (d) if the filing office:
(A) Does not receive from a person who received the notice sent by the filing office under subsection (d) an affidavit that states the person's belief that the financing statement does not violate subsection (c) and provides the factual basis for that belief; and
(B) Reasonably believes that the financing statement was filed in violation of subsection (c).
(2) A filing office that terminates a financing statement under this subsection shall promptly send notice of the termination in the same manner and to the same persons required for the notice sent under subsection (d)(2).
Review of affidavit
(h)(1) If a filing office receives an affidavit in response to the notice sent by the filing office under subsection (d), the filing office shall review the affidavit to consider whether the financing statement was filed in violation of subsection (c).
(2) If, after reviewing the affidavit, a filing office reasonably believes that a financing statement was filed in violation of subsection (c), the filing office shall send to the persons specified in paragraph (3) a final notice that:
(A) Includes a copy of the notice sent by the filing office under subsection (d);
(B) States that the filing office reasonably believes that the financing statement has been filed in violation of subsection (c); and
(C) States that the filing office may terminate the financing statement 45 days after the final notice is sent by the filing office unless a person identified in the financing statement files a petition for judicial determination of the validity of the financing statement under subsection (i).
(3) The final notice shall be sent in the same manner required for the notice sent under subsection (d)(2) to:
(A) The same persons required for the notice sent under subsection (d)(2); and
(B) Any other person who responded in writing to the notice sent under subsection (d).
Petition upon disagreement with filing office determination
(i)(1) A person who is identified in a financing statement and disagrees with a determination made by a filing office under subsection (h)(2) may file a petition in the circuit court for the county where the debtor is located or, if the debtor is not located in Maryland, where any affected property is located, seeking a determination of the validity of the financing statement.
(2) A petition filed under this subsection shall be filed within the 45-day period described in the final notice required under subsection (h).
(3)(A) The parties to a proceeding under this subsection shall include all persons named in the financing statement.
(B) A filing office may not be joined as a party to a proceeding under this subsection.
(4)(A) Service of process of a proceeding under this subsection may be sent by certified mail, return receipt requested, to the last known addresses of the parties to be served.
(B) A copy of a petition filed under this subsection shall be mailed to the filing office after the petition has been filed and within the 45-day period described in the final notice required under subsection (h).
(5) If the filing office does not receive a copy of the petition within the 45-day period described in the final notice required under subsection (h), the filing office may terminate the financing statement.
(6)(A) If the court determines that the financing statement was filed in violation of subsection (c):
(i) The court shall order that the filed financing statement be terminated; and
(ii) The prevailing party shall provide a copy of the order to the filing office.
(B) On receipt of a court order requiring termination of a filed financing statement, the filing office shall:
(i) Terminate the financing statement; and
(ii) File a record indicating that the financing statement was terminated in accordance with a court order.
(7) The court may award to the prevailing party:
(A) Damages sustained by the prevailing party; and
(B) Reasonable attorney's fees and costs.
Prohibited actions by filing office
(j) A filing office may not:
(1) Charge a fee to carry out its obligations under this section, including for the sending of any notices required under this section; or
(2) Refund any fee paid for filing a financing statement terminated under this section.
Adoption of regulations
(k) The State Department of Assessments and Taxation may adopt regulations to carry out this section.

Credits

Added by Acts 2015, c. 8, § 1, eff. Oct. 1, 2015.
MD Code, Commercial Law, § 9-501.1, MD COML § 9-501.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document