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December 22, 2024 Clear | 14°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 9-518: Claim Concerning Inaccurate or Wrongfully Filed Record

Section 9–518. (a) Statement with respect to record indexed under person's name. 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.

(b) Contents of statement under subsection (a). An information statement under subsection (a) shall:

(1) identify the record to which it relates by:

(A) the file number assigned to the initial financing statement to which the record relates; and

(B) if the information statement relates to a record filed or recorded in a filing office described in section 9–501(a)(1):

(i) the book and page number of the initial financing statement, in the case of unregistered land governed by chapter 36 or if a book and page number has not yet been assigned to the initial financing statement, the instrument number of the initial financing statement and the date on which the initial financing statement was originally filed and the document number of the initial financing statement, in the case of registered land governed by chapter 185; and

(ii) the information specified in section 9–502(b);

(2) indicate that it is an information statement; and

(3) 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.

(c) Statement by secured party of record. 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 section 9–509(d).

(d) Contents of statement under subsection (c). An information statement under subsection (c) shall:

(1) identify the record to which it relates by:

(A) the file number assigned to the initial financing statement to which the record relates; and

(B) if the information statement relates to a record filed or recorded in a filing office described in section 9–501(a)(1):

(i) the book and page number of the initial financing statement, in the case of unregistered land governed by chapter 36 or, if a book and page number has not yet been assigned to the initial financing statement, the instrument number of the initial financing statement and the date on which the initial financing statement was originally filed and the document number of the initial financing statement, in the case of registered land governed by chapter 185; and

(ii) the information specified in section 9–502(b);

(2) indicate that it is an information statement; and

(3) provide the basis for the person's belief that the person that filed the record was not entitled to do so under section 9–509(d).

(e) Record not affected by information statement. The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.