Sec. 42a-9-628. Nonliability and limitation on liability of secured party. Liability of secondary obligor.
Sec. 42a-9-628. Nonliability and limitation on liability of secured party. Liability of secondary obligor. (a) 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) 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) 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) A secured party is not liable to any person under subdivision (2) of subsection
(c) of section 42a-9-625 for its failure to comply with section 42a-9-616.
(e) A secured party is not liable under subdivision (2) of subsection (c) of section
42a-9-625 more than once with respect to any one secured obligation.
(P.A. 01-132, S. 125.)