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:

      • (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 lien holder 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.


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