Limitations on liability of secured party.

Checkout our iOS App for a better way to browser and research.

57A-9-628. Limitations on liability of secured party.

(a) Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:

(1)The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and

(2)The secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency.

(b) A secured party is not liable because of 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.

(c) A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:

(1)A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or

(2)An obligor's representation concerning the purpose for which a secured obligation was incurred.

(d) A secured party is not liable to any person under §57A-9-625(c)(2) for its failure to comply with §57A-9-616.

(e) A secured party is not liable under §57A-9-625(c)(2) more than once with respect to any one secured obligation.

Source: SL 2000, ch 231.


Download our app to see the most-to-date content.