Unknown debtor or secondary obligor.

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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:

  1. That the person is a debtor or obligor;

  2. The identity of the person; and

  3. 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.

Source: L. 2001: Entire article R&RE, p. 1400, § 1, effective July 1.


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