9518 - Claim concerning inaccurate or wrongfully filed record.

     § 9518.  Claim concerning inaccurate or wrongfully filed record.        (a)  Correction statement.--A person may file in the filing     office a correction 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)  Sufficiency of correction statement.--A correction     statement must:            (1)  identify the record to which it relates by the file        number assigned to the initial financing statement to which        the record relates;            (2)  indicate that it is a correction 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)  Record not affected by correction statement.--Except as     provided in subsection (d), the filing of a correction statement     does not affect the effectiveness of an initial financing     statement or other filed record.        (d)  Fraudulent financing statements.--            (1)  The Department of State may conduct an        administrative hearing to determine if an initial financing        statement was fraudulently filed in accordance with the        following:                (i)  The hearing shall be conducted in accordance            with 2 Pa.C.S. (relating to Administrative Law and            Procedure). The department shall determine the initial            financing statement to be fraudulently filed for purposes            of this subsection if it determines that no rational            basis exists under section 9509 (relating to persons            entitled to file a record) entitling the person to file            the initial financing statement and it appears that the            person filed the initial financing statement with intent            to annoy, harass or harm the debtor.                (ii)  If the department determines that the initial            financing statement was fraudulently filed and no timely            appeal of the determination was filed, the department            shall file a correction statement with respect to the            initial financing statement indexed there. In addition to            complying with the requirements of subsection (b), the            correction statement filed by the department under this            paragraph shall state all of the following:                    (A)  the correction statement was filed by the                department under this subsection;                    (B)  the department has determined that the                initial financing statement was fraudulently filed                and that the person had the right to appeal the                decision to a court of competent jurisdiction;                    (C)  the initial financing statement found to be                fraudulently filed may be ineffective; and                    (D)  the reasons why the department found the                initial financing statement to have been fraudulently                filed.                (iii)  A correction statement filed by the department            in accordance with paragraph (ii) creates a rebuttable            presumption that the initial financing statement found to            be fraudulently filed is ineffective.                (iv)  A person adversely affected by a determination            of the department under paragraph (i) may appeal the            determination in accordance with 2 Pa.C.S. § 702            (relating to appeals).                (v)  If the department determines that the initial            financing statement was fraudulently filed and the            determination is appealed to Commonwealth Court, the            department shall file a correction statement with respect            to the initial financing statement indexed there only            upon affirmation by the court of its determination. In            addition to complying with the requirements of subsection            (b), the correction statement shall state all of the            following:                    (A)  the correction statement was filed by the                department under this subsection;                    (B)  the department has determined that the                initial financing statement was fraudulently filed                and that the person had the right to appeal the                decision to a court of competent jurisdiction;                    (C)  the initial financing statement found to be                fraudulently filed is ineffective; and                    (D)  the reasons why the department found the                initial financing statement to have been fraudulently                filed.                (vi)  If the department files a correction statement            with respect to the initial financing statement indexed            there under this subsection, it shall refer the matter            for criminal prosecution to the Office of Attorney            General pursuant to 18 Pa.C.S. § 4911 (relating to            tampering with public records or information).            (2)  Nothing in this subsection limits the rights or        remedies the debtor may have with respect to an initial        financing statement that has been fraudulently filed. Nothing        in this subsection limits the effectiveness of a termination        or correction statement filed by a debtor under sections        9509(d)(2) and 9513 (relating to termination statement) or        the rights of a debtor under section 9625 (relating to        remedies for secured party's failure to comply with        division).        Cross References.  Section 9518 is referred to in section     9516 of this title.