Section 41-09-102 - (9-605) Unknown debtor or secondary obligor1. 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:(1) That the person is a debtor or obligor;(2) The identity of the person; and(3) How to communicate with the person; orb. To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (1) That the person is a debtor; and(2) 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; andb. The secured party knows that the information in subdivision a of subsection 1 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.Amended by S.L. 2023 , ch. 371( HB 1082 ), § 79, eff. 8/1/2023.