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Va. Code § 8.9A-605

Unknown debtor or secondary obligor

Virginia · Code of Virginia Title 8.9A — Commercial Code — Secured Transactions · Status: effective

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Va. Code § 8.9A-605, Unknown debtor or secondary obligor, Virginia, version 1 as recorded 2026-09-27, yourstate.us, https://yourstate.us/provision/1399554
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(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.