Illinois Compiled Statutes 810 ILCS 5 Uniform Commercial Code. Section 9-628

    (810 ILCS 5/9-628)

    Sec. 9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.

    (a) Limitation of liability to debtor or obligor. 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:

        (1) 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.

    (b) Limitation of liability to debtor, obligor, another secured party, or lienholder. A secured party is not liable because of 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.

    (c) 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:

        (1) a debtor's representation concerning the purpose

    for which collateral was to be used, acquired, or held; or

        (2) an obligor's representation concerning the

    purpose for which a secured obligation was incurred.

    (d) Limitation of liability for statutory damages. A secured party is not liable to any person under Section 9-625(c)(2) for its failure to comply with Section 9-616.

    (e) Limitation of multiple liability for statutory damages. A secured party is not liable under Section 9-625(c)(2) more than once with respect to any one secured obligation.

(Source: P.A. 91-893, eff. 7-1-01.)

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Last modified: February 18, 2015