Unknown debtor or secondary obligor
KRS 355.9-605
in effect355.9-605. Unknown debtor or secondary obligor
(1) Except as provided in subsection (2) of this section, 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; 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. 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; and
(b) The secured party knows that the information in subsection (1)(a)1., 2., or 3. 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.
Effective: January 1, 2025
History: Amended 2024 Ky. Acts ch. 10, sec. 82, effective January 1, 2025. -- Created 2000 Ky. Acts ch. 408 , sec. 123, effective July 1, 2001.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55706Fetched: 10/20/2026