§490:9-605  Unknown debtor or secondary obligor.  (a)  Except as provided in subsection (b), a secured party shall 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:

          (A)  That the person is a debtor or obligor;

          (B)  The identity of the person; and

          (C)  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:

          (A)  That the person is a debtor; and

          (B)  The identity of the person.

     (b)  A secured party shall be deemed to owe 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) 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. [L 2000, c 241, pt of §1; am L 2023, c 132, §59]