Section 9--628. Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor


Latest version.
  • (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.