Oregon Statutes - Chapter 79 - Secured Transactions - Section 79.0628 - UCC 9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.

(1) 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:

(a) 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 chapter; and

(b) The secured partyís failure to comply with this chapter does not affect the liability of the person for a deficiency.

(2) A secured party is not liable because of its status as secured party:

(a) 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

(b) 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.

(3) A secured party is not liable to any person, and a personís liability for a deficiency is not affected, because of any act or omission arising out of the secured partyís 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 partyís belief is based on its reasonable reliance on:

(a) A debtorís representation concerning the purpose for which collateral was to be used, acquired or held; or

(b) An obligorís representation concerning the purpose for which a secured obligation was incurred.

(4) A secured party is not liable to any person under ORS 79.0625 (3)(b) for its failure to comply with ORS 79.0616.

(5) A secured party is not liable under ORS 79.0625 (3)(b) more than once with respect to any one secured obligation. [2001 c.445 §126]

Section:  Previous  79.0621  79.0622  79.0623  79.0624  79.0625  79.0626  79.0627  79.0628  79.1010  79.1020  79.1030  79.1040  79.1050  79.1060  79.1070  Next

Last modified: August 7, 2008