§ 25-9-605.  Unknown debtor or secondary obligor.

(a) No Duty Generally Owed by Secured Party. - Except as provided in subsection (b) of this section, a secured party does not owe a duty based on its status as secured party to either of the following:

(1) To a person that is a debtor or obligor, unless the secured party knows all of the following:

a. That the person is a debtor or obligor.

b. The identity of the person.

c. How to communicate with the person.

(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows both of the following:

a. That the person is a debtor.

b. The identity of the person.

(b) Exception When Secured Party Owes Duty to Debtor or Obligor. - A secured party owes 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, both of the following apply:

(1) The person is a debtor or obligor.

(2) The secured party knows that the information in sub-subdivision (a)(1)a., b., or c. of this section 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.  (2000-169, s. 1; 2025-25, s. 96.)