11-9-605. Unknown debtor or secondary obligor.

In general: no duty owed by secured party. Except as provided in subsection (b) of this Code section, a secured party does not owe a duty based on its status as secured party:#

1. (1)

   To a person that is a debtor or obligor, unless the secured party knows:#

   1. (A)

      That the person is a debtor or obligor;#

   2. (B)

      The identity of the person; and#

   3. (C)

      How to communicate with the person; or#

2. (2)

   To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:#

   1. (A)

      That the person is a debtor; and#

   2. (B)

      The identity of the person.#

Exception: secured party owes duty to debtor or obligor.#

1. 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:

2. (1)

   The person is a debtor or obligor; and#

3. (2)

   The secured party knows that the information in subparagraphs (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code 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.#