Nevada Revised Statutes 104.9605 – Duty to unknown debtor or secondary obligor
1. Except as provided in subsection 2, a secured party does not owe a duty based on its status as secured party:
Terms Used In Nevada Revised Statutes 104.9605
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) To a person that is a debtor or obligor, unless the secured party knows:
(1) That he or she is a debtor or obligor;
(2) His or her identity; and
(3) How to communicate with him or her; or
(b) 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) His or her identity.
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; and
(b) The secured party knows that the information in subparagraph (1), (2) or (3) of paragraph (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.