(a) Except as provided in subsection (b) of this section, a secured party does not owe a duty based on 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.(b) 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: (1) The person is a debtor or obligor; and(2) The secured party knows that the information in subsection (a)(1)(A), (a)(1)(B), or (a)(1)(C) 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.Amended by 2023 Ch. ction 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.Amended by 2023 Ch. 136,§ 77, eff. 8/7/2023.L. 2001: Entire article R&RE, p. 1400, § 1, effective July 1.2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
Colorado Legal Code