Legislation
SECTION 9-628
Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 6, SUBPART 2
Section 9--628. Nonliability and Limitation on Liability of Secured
Party; Liability of Secondary Obligor.
(a) Limitation of liability of secured party for noncompliance with
article. 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
article; and
(2) the secured party's failure to comply with this article does
not affect the liability of the person for a deficiency.
(b) Limitation of liability based on status as secured party. 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) Limitation of liability if reasonable belief that transaction not
a consumer-goods transaction or consumer transaction. 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) Limitation of liability for statutory damages. A secured party is
not liable to any person under Section 9--625 (c) (2) for its failure to
comply with Section 9--616.
(e) Limitation of multiple liability for statutory damages. A secured
party is not liable under Section 9--625 (c) (2) more than once with
respect to any one secured obligation.
Party; Liability of Secondary Obligor.
(a) Limitation of liability of secured party for noncompliance with
article. 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
article; and
(2) the secured party's failure to comply with this article does
not affect the liability of the person for a deficiency.
(b) Limitation of liability based on status as secured party. 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) Limitation of liability if reasonable belief that transaction not
a consumer-goods transaction or consumer transaction. 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) Limitation of liability for statutory damages. A secured party is
not liable to any person under Section 9--625 (c) (2) for its failure to
comply with Section 9--616.
(e) Limitation of multiple liability for statutory damages. A secured
party is not liable under Section 9--625 (c) (2) more than once with
respect to any one secured obligation.