30-9A-518. Claim concerning inaccurate or wrongfully filed record. (1) A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
(2) An information statement under subsection (1) must:
(a) identify the record to which it relates by:
(i) the file number assigned to the initial financing statement to which the record relates; and
(ii) if the information statement relates to a record filed in a filing office described in 30-9A-501(1)(a), the date that the initial financing statement was filed or recorded and the information specified in 30-9A-502(2);
(b) indicate that it is an information statement; and
(c) provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
(3) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under 30-9A-509(4).
(4) An information statement under subsection (3) must:
(a) identify the record to which it relates by:
(i) the file number assigned to the initial financing statement to which the record relates; and
(ii) if the information statement relates to a record filed in a filing office described in 30-9A-501(1)(a), the date that the initial financing statement was filed and the information specified in 30-9A-502(2);
(b) indicate that it is an information statement; and
(c) provide the basis for the person's belief that the person that filed the record was not entitled to do so under 30-9A-509(4).
(5) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
History: En. Sec. 88, Ch. 305, L. 1999; Sec. 30-9-538, MCA 1999; redes. 30-9A-518 by Code Commissioner, 2001; amd. Sec. 16, Ch. 75, L. 2013.
Structure Montana Code Annotated
Chapter 9A. Uniform Commercial Code Secured Transactions
30-9A-503. Name of debtor and secured party
30-9A-504. Indication of collateral
30-9A-506. Effect of errors or omissions
30-9A-507. Effect of certain events on effectiveness of financing statement
30-9A-508. Effectiveness of financing statement if new debtor becomes bound by security agreement
30-9A-509. Persons entitled to file record
30-9A-510. Effectiveness of filed record
30-9A-511. Secured party of record
30-9A-512. Amendment of financing statement
30-9A-513. Termination statement
30-9A-514. Assignment powers of secured party of record
30-9A-515. Duration and effectiveness of financing statement -- effect of lapsed financing statement
30-9A-516. What constitutes filing -- effectiveness of filing
30-9A-517. Effect of indexing errors
30-9A-518. Claim concerning inaccurate or wrongfully filed record
30-9A-520. Acceptance and refusal to record
30-9A-521. Uniform form of written financing statement and amendment
30-9A-522. Maintenance and destruction of records
30-9A-523. Information from filing office -- sale or license of records
30-9A-524. Delay by filing office