UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.9605 Unknown debtor or secondary obligor.
Sec. 9605.
A secured party does not owe a duty based on its status as secured party to either of the following:
(a) To a person that is a debtor or obligor, unless the secured party knows all of the following:
(i) That the person is a debtor or obligor.
(ii) The identity of the person.
(iii) How to communicate with the person.
(b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows both of the following:
(i) That the person is a debtor.
(ii) The identity of the person.
History: Add. 2000, Act 348, Eff. July 1, 2001
Notes of Decisions
Pathward, NA v. Inlet Trucking, LLC, & Reginald Krug, No. 2:24-cv-10811 (E.D. Mich. Jan. 21, 2026).
· cites it 5× “) In response, Pathward claims it was excused from the notification requirements by Mich. Comp. Laws § 440.9605 (a)(iii), which relieves a secured party of its pre-disposition notification requirements if they do not know “how to communicate with the [debtor].”
Pathward, NA v. Inlet Trucking, LLC, No. 2:24-cv-10811 (E.D. Mich. July 17, 2025).
· cites it 2× “Indeed, under Michigan Compiled Laws § 440.9605(a)(iii), a secured party “does not owe a duty” to a debtor or obligor if the secured party does not “know how to communicate with that person.”
Mich. Comp. Laws § 440.9605(a)(iii): 2 cases
Pathward, NA v. Inlet Trucking, LLC, No. 2:24-cv-10811 (E.D. Mich. July 17, 2025).
“Indeed, under Michigan Compiled Laws § 440.9605(a)(iii), a secured party “does not owe a duty” to a debtor or obligor if the secured party does not “know how to communicate with that person.”
Pathward, NA v. Inlet Trucking, LLC, & Reginald Krug, No. 2:24-cv-10811 (E.D. Mich. Jan. 21, 2026).
“) In response, Pathward claims it was excused from the notification requirements by Mich. Comp. Laws § 440.9605 (a)(iii), which relieves a secured party of its pre-disposition notification requirements if they do not know “how to communicate with the [debtor].”
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