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Mont. Code Ann. § 30-9A-605

Unknown debtor or secondary obligor

Known as the Uniform Commercial Code

The act spans §§ 30-1-101 to 30-9A-906 (713 sections).

En

(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 that is a debtor or obligor, unless the secured party knows:

(i) that the person is a debtor or obligor;

(ii) the identity of the person; and

(iii) how to communicate with the person; or

(b) to a secured party or lienholder that has filed a financing statement against the person unless the secured party knows:

(i) that a person is a debtor; and

(ii) 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 in subsection (1)(a)(i), (1)(a)(ii), or (1)(a)(iii) 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.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.