Ariz. Rev. Stat. » Title 47
Arizona Revised Statutes

Ariz. Rev. Stat. § 47-9402 (2026)

Secured party not obligated on contract of debtor or in tort

✓ current as of May 2026
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The existence of a security interest, agricultural lien or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.

Notes of Decisions
Cited in 3 cases, 1985–1996 · leading case: John Deere Co. v. First Interstate Bank of Arizona, N.A., 709 P.2d 890 (Ariz. Ct. App. 1985).
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John Deere Co. v. First Interstate Bank of Arizona, N.A., 709 P.2d 890 (Ariz. Ct. App. 1985). · cites it 2× “§ 44-3141(A), -(E) (current version at A.R.S. § 47-9402(A), -(H)). This provision is derived from § 9-402 of the Uniform Commercial Code (UCC) and adopts “notice filing.”
Elf Atochem North Am., Inc. v. Celco, Inc., 927 P.2d 355 (Ariz. Ct. App. 1996). · cites it 4× “] The official comment to section 47-9402 instructs that: 2. This section adopts the system of “notice filing” which proved successful under the Uniform Trust Receipts Act.”
Wollenberg v. Phoenix Leasing Inc., 893 P.2d 4 (Ariz. Ct. App. 1994). · cites it 2× “, the owner of the collateral, as required by A.R.S. § 47-9402(A). Due to his acquiescence in Mays’ transfer of Paradise Valley and express statement that Mays was “within his rights”' in doing so, Wollenberg “authorized” this disposition of the collateral within the meaning of…”
— Ariz. Rev. Stat. § 47-9402(A) — 3 cases
John Deere Co. v. First Interstate Bank of Arizona, N.A., 709 P.2d 890 (Ariz. Ct. App. 1985). “§ 44-3141(A), -(E) (current version at A.R.S. § 47-9402(A), -(H)). This provision is derived from § 9-402 of the Uniform Commercial Code (UCC) and adopts “notice filing.”
Wollenberg v. Phoenix Leasing Inc., 893 P.2d 4 (Ariz. Ct. App. 1994). “, the owner of the collateral, as required by A.R.S. § 47-9402(A). Due to his acquiescence in Mays’ transfer of Paradise Valley and express statement that Mays was “within his rights”' in doing so, Wollenberg “authorized” this disposition of the collateral within the meaning of…”
Elf Atochem North Am., Inc. v. Celco, Inc., 927 P.2d 355 (Ariz. Ct. App. 1996). “] The official comment to section 47-9402 instructs that: 2. This section adopts the system of “notice filing” which proved successful under the Uniform Trust Receipts Act.”
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