N.Y. Uniform Commercial Code Law Section 9-605
Unknown Debtor or Secondary Obligor


* Section 9--605. Unknown Debtor or Secondary Obligor. 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. * NB Effective until June 3, 2026 * Section 9--605. Unknown Debtor or Secondary Obligor.

(a)

In general: No duty owed by secured party. Except as provided in subsection (b), 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)

Exception: Secured party owes 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:

(1)

the person is a debtor or obligor; and

(2)

the secured party knows that the information in subsection (a)(1)(A), (B), or (C) 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. * NB Effective June 3, 2026

Source: Section 9-605 — Unknown Debtor or Secondary Obligor, https://www.­nysenate.­gov/legislation/laws/UCC/9-605 (updated Dec. 12, 2025; accessed Dec. 13, 2025).

Verified:
Dec. 13, 2025

Last modified:
Dec. 12, 2025

§ 9-605. Unknown Debtor or Secondary Obligor's source at nysenate​.gov

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