Maryland Commercial Law Section 9-628

Article - Commercial Law

§ 9-628.

      (a)      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 title; and

            (2)      The secured party's failure to comply with this title does not affect the liability of the person for a deficiency.

      (b)      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:

            (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 § 9-625(c)(2) for its failure to comply with § 9-616.

      (e)      A secured party is not liable under § 9-625(c)(2) more than once with respect to any one secured obligation.



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