§ 41-09-102 — (9-605) Unknown debtor or secondary obligor

1. Except as provided in subsection 2, a secured party does not owe a duty based on its
status as secured party:
a. To a person that is a debtor or obligor, unless the secured party knows:
(1) That the person is a debtor or obligor;
(2) The identity of the person; and
(3) How to communicate with the person; or
b. To a secured party or lienholder that has filed a financing statement against a
person, unless the secured party knows:
(1) That the person is a debtor; and
(2) The identity of the person.
2. 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:
a. The person is a debtor or obligor; and
b. The secured party knows that the information in subdivision a of subsection 1
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.