N.C. Gen. Stat. § 25-9-628
Nonliability and limitation on liability of secured party; liability of secondary obligor
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) Limitation of liability of secured party for noncompliance with Article. - Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and
(1) Limitation of liability of secured party for noncompliance with Article. — Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and
(2) The secured party's failure to comply with this Article does not affect the liability of the person for a deficiency.
(2) The secured party’s failure to comply with this Article does not affect the liability of the person for a deficiency.
(3) Limitation of liability based on status as secured party. - A secured party is not liable because of its status as secured party: To a person that is a debtor or obligor, unless the secured party knows: That the person is a debtor or obligor;
(3) Limitation of liability based on status as secured party. — A secured party is not liable because of its status as secured party: To a person that is a debtor or obligor, unless the secured party knows: That the person is a debtor or obligor;
(4) The identity of the person; and
(4) The identity of the person; and
(5) How to communicate with the person; or
(5) How to communicate with the person; or
(6) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: That the person is a debtor; and
(6) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: That the person is a debtor; and
(7) The identity of the person.
(7) The identity of the person.
(8) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. - A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on: A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or
(8) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. — A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any act or omission arising out of the secured party’s reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party’s belief is based on its reasonable reliance on: A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held; or
(9) An obligor's representation concerning the purpose for which a secured obligation was incurred.
(9) An obligor’s representation concerning the purpose for which a secured obligation was incurred.
(10) Limitation of liability for statutory damages. - A secured party is not liable to any person under G.S. 25-9-625(c)(2) for its failure to comply with G.S. 25-9-616.
(10) Limitation of liability for statutory damages. — A secured party is not liable to any person under G.S. 25-9-625(c)(2) for its failure to comply with G.S. 25-9-616.
(11) Limitation of multiple liability for statutory damages. - A secured party is not liable under G.S. 25-9-625(c)(2) more than once with respect to any one secured obligation.
(11) Limitation of multiple liability for statutory damages. — A secured party is not liable under G.S. 25-9-625(c)(2) more than once with respect to any one secured obligation.
History
(2000-169, s. 1.)
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.