§ 9-605 — Unknown Debtor or Secondary Obligor

* Section 9--605. Unknown Debtor or Secondary Obligor.\n A secured party does not owe a duty based on its status as secured\nparty:\n (a) to a person that is a debtor or obligor, unless the secured party\nknows:\n (1) that the person is a debtor or obligor;\n (2) the identity of the person; and\n (3) how to communicate with the person; or\n (b) to a secured party or lienholder that has filed a financing\nstatement against a person, unless the secured party knows:\n (1) that the person is a debtor; and\n (2) the identity of the person.\n * NB Effective until June 3, 2026\n* Section 9--605. Unknown Debtor or Secondary Obligor.\n(a) In general: No duty owed by secured party. Except as provided in\nsubsection (b), a secured party does not owe a duty based on its status\nas secured party:\n(1) to a person that is a debtor or obligor, unless the secured party\nknows:\n (A) that the person is a debtor or obligor;\n (B) the identity of the person; and\n (C) how to communicate with the person; or\n(2) to a secured party or lienholder that has filed a financing\nstatement against a person, unless the secured party knows:\n (A) that the person is a debtor; and\n (B) the identity of the person.\n (b) Exception: Secured party owes duty to debtor or obligor. A\n secured party owes a duty based on its status as a secured party\n to a person if, at the time the secured party obtains control of\n collateral that is a controllable account, controllable\n electronic record, or controllable payment intangible or at the\n time the security interest attaches to the collateral, whichever\n is later:\n (1) the person is a debtor or obligor; and\n (2) the secured party knows that the information in subsection\n (a)(1)(A), (B), or (C) relating to the person is not provided by\n the collateral, a record attached to or logically associated with\n the collateral, or the system in which the collateral is\n recorded.\n * NB Effective June 3, 2026\n