Iowa Code § 554.9605

Current through bills signed by governor as of 5/17/2024
Section 554.9605 - [Effective 7/1/2024] Unknown debtor or secondary obligor
1. In general: no duty owed by a secured party. 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. Exception: secured party owes a duty to debtor or obligor. 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:
a. the person is a debtor or obligor; and
b. the secured party knows that the information in subsection 1, paragraph "a", subparagraph (1), (2), or (3) 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.

Iowa Code § 554.9605

Amended by 2024 Iowa SF 2389,s 85, eff. 7/1/2024.
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.