Title 04 · CRS Title 04

Unknown debtor or secondary obligor

Citation: C.R.S. § 4-9-605

Section: 4-9-605

4-9-605. Unknown debtor or secondary obligor. (a) Except as provided in subsection (b) of this section, 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 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. (b) 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: (1) The person is a debtor or obligor; and (2) The secured party knows that the information in subsection (a)(1)(A), (a)(1)(B), or (a)(1)(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. Source: L. 2001: Entire article R&RE, p. 1400, � 1, effective July 1. L. 2023: IP amended and (b) added, (SB 23-090), ch. 136, p. 559, � 77, effective August 7.