Fla. Stat. § 679.605
Unknown debtor or secondary obligor
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
A secured party does not owe a duty based on its status as secured party:
(1) To a person who 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
(1) 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 who 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) 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.
(2) 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 relating to the person in subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph (1)(a)3. 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.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.