Iowa Code § 554.9605

Current through bills signed by governor as of 5/17/2024
Section 554.9605 - [Effective Until 7/1/2024] Unknown debtor or secondary obligor
1.Duties to unknown persons - general rule. Except as provided in subsection 2, a secured party does not owe a duty based on its status as secured party:
a. to a person that is a debtor or obligor, unless the secured party knows:
(1) that the person is a debtor or obligor;
(2) the identity of the person; and
(3) how to communicate with the person; or
b. to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(1) that the person is a debtor; and
(2) the identity of the person.
2.When secured party owes duty to debtor notwithstanding subsection 1. A secured party owes a duty based on its status as a secured party to a person that is a debtor if, at the time the secured party obtains control of a controllable account, controllable electronic record, or controllable payment intangible, the secured party has knowledge that the nature of the collateral or a system in which the collateral is recorded would prevent the secured party from acquiring the knowledge specified in subsection 1, paragraph "a", subparagraph (1), (2), or (3).

Iowa Code § 554.9605

Amended by 2022 Iowa, ch 1117, s 36, eff. 7/1/2022.
2000 Acts, ch 1149, §103, 187

Referred to in §554.9601

Liability limitations; see §554.9628

This section is set out more than once due to postponed, multiple, or conflicting amendments.