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.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
This section is referenced in § 28:9-601.
1. Source. New.
2. Duties to Unknown Persons. This section relieves a secured party from duties owed to a debtor or obligor, if the secured party does not know about the debtor or obligor. Similarly, it relieves a secured party from duties owed to a secured party or lienholder who has filed a financing statement against the debtor, if the secured party does not know about the debtor. For example, a secured party may be unaware that the original debtor has sold the collateral subject to the security interest and that the new owner has become the debtor. If so, the secured party owes no duty to the new owner (debtor) or to a secured party who has filed a financing statement against the new owner. This section should be read in conjunction with the exculpatory provisions in Section 9-628. Note that it relieves a secured party not only from duties arising under this Article but also from duties arising under other law by virtue of the secured party’s status as such under this Article, unless the other law otherwise provides.
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Article 9 - Secured Transactions
Subpart 1 - Default and Enforcement of Security Interest
§ 28:9–602. Waiver and variance of rights and duties
§ 28:9–603. Agreement on standards concerning rights and duties
§ 28:9–604. Procedure if security agreement covers real property or fixtures
§ 28:9–605. Unknown debtor or secondary obligor
§ 28:9–606. Time of default for agricultural lien
§ 28:9–607. Collection and enforcement by secured party
§ 28:9–609. Secured party’s right to take possession after default
§ 28:9–610. Disposition of collateral after default
§ 28:9–611. Notification before disposition of collateral
§ 28:9–612. Timeliness of notification before disposition of collateral
§ 28:9–613. Contents and form of notification before disposition of collateral: general
§ 28:9–615. Application of proceeds of disposition; liability for deficiency and right to surplus
§ 28:9–616. Explanation of calculation of surplus or deficiency
§ 28:9–617. Rights of transferee of collateral
§ 28:9–618. Rights and duties of certain secondary obligors
§ 28:9–619. Transfer of record or legal title
§ 28:9–621. Notification of proposal to accept collateral
§ 28:9–622. Effect of acceptance of collateral