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§ 45-29-628 — Alaska Law | CourtGPT
  1. Home/
  2. Laws/
  3. Alaska/
  4. Title 45 - Trade and Commerce/
  5. Chapter 29 - Secured Transactions/
  6. Article 6 - Default.sec. 45.29.601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes/
  7. § 45-29-628
Alaska Legal Code

§ 45-29-628

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(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 chapter; and (2) the secured party's failure to comply with this chapter 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 who 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 a person, and a person's liability for a deficiency is not affected, because of an 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

or a deficiency is not affected, because of an 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 a person under AS 45.29.625(c)(2) for its failure to comply with AS 45.29.616. (e) A secured party is not liable under AS 45.29.625(c)(2) more than once with respect to any one secured obligation.