Okla. Stat. tit. 12A, § 12A-1-9-628
This is the official text of Okla. Stat. tit. 12A, § 12A-1-9-628, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Nonliability and limitation on liability of secured
Official statutory text
party; liability of secondary obligor.
NONLIABILITY AND LIMITATION ON LIABILITY
OF SECURED PARTY; LIABILITY OF SECONDARY OBLIGOR
(a) Subject to subsection (f) of this section, 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) Subject to subsection (f) of this section, 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) 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:
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 160
(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) A secured party is not liable to any person under paragraph
(2) of subsection (c) of Section 1-9-625 of this title for its
failure to comply with Section 1-9-616 of this title.
(e) A secured party is not liable under paragraph (2) of
subsection (c) of Section 1-9-625 of this title more than once with
respect to any one secured obligation.
(f) Subsections (a) and (b) of this section do not apply to
limit the liability of 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
subparagraph (A), (B), or (C) of paragraph (1) of subsection (b) of
this section 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.
NONLIABILITY AND LIMITATION ON LIABILITY
OF SECURED PARTY; LIABILITY OF SECONDARY OBLIGOR
(a) Subject to subsection (f) of this section, 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) Subject to subsection (f) of this section, 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) 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:
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 160
(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) A secured party is not liable to any person under paragraph
(2) of subsection (c) of Section 1-9-625 of this title for its
failure to comply with Section 1-9-616 of this title.
(e) A secured party is not liable under paragraph (2) of
subsection (c) of Section 1-9-625 of this title more than once with
respect to any one secured obligation.
(f) Subsections (a) and (b) of this section do not apply to
limit the liability of 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
subparagraph (A), (B), or (C) of paragraph (1) of subsection (b) of
this section 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.
Status: in_force · Read it on the official government site
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