§ 6A-9-605. Unknown debtor or secondary obligor.
(a) In general: No duty owed by secured party. Except as provided in subsection (b) of this section, a secured party does not owe a duty based on its status as secured party:
(1) To a person that is a debtor or obligor, unless the secured party knows:
(i) That the person is a debtor or obligor;
(ii) The identity of the person; and
(iii) How to communicate with the person; or
(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(i) That the person is a debtor; and
(ii) The identity of the person.
(b) Exception: Secured party owes duty to debtor or obligor. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:
(1) The person is a debtor or obligor; and
(2) The secured party knows that the information in subsection (a)(1)(i), (ii), or (iii) of this section relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.
History of Section.
P.L. 2000, ch. 182, § 6; P.L. 2000, ch. 420, § 6; P.L. 2024, ch. 65, § 9, effective
June 10, 2024; P.L. 2024, ch. 66, § 9, effective June 10, 2024.