Nev. Rev. Stat. § 104.9628

Nonliability and limitation on liability of secured party; liability of secondary obligor

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NRS 104.9628  Nonliability and limitation on liability of secured party; liability of secondary obligor.

      1.  Subject to subsection 6, unless a secured party knows that a person is a debtor or obligor, knows his or her identity, and knows how to communicate with him or her:

      (a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against him or her, for failure to comply with this article; and

      (b) The secured party’s failure to comply with this article does not affect the liability of the person for a deficiency.

      2.  Subject to subsection 6, a secured party is not liable because of its status as a secured party:

      (a) To a person that is a debtor or obligor, unless the secured party knows:

             (1) That he or she is a debtor or obligor;

             (2) His or her identity; and

             (3) How to communicate with him or her; or

      (b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

             (1) That he or she is a debtor; and

             (2) His or her identity.

      3.  A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any 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:

      (a) A debtor’s representation concerning the purpose for which collateral was to be used, acquired or held; or

      (b) An obligor’s representation concerning the purpose for which a secured obligation was incurred.

      4.  A secured party is not liable to any person under paragraph (b) of subsection 3 of NRS 104.9625 for its failure to comply with NRS 104.9616.

      5.  A secured party is not liable under paragraph (b) of subsection 3 of NRS 104.9625 more than once with respect to any one secured obligation.

      6.  Subsections 1 and 2 do not apply to limit the liability of 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 specified in subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 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.

      (Added to NRS by 1999, 361; A 2023, 3238)

Part 7

Transitional Provisions Regarding 2001 Amendments

     

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: In Re SCHWALB
In Re SCHWALB (2006) nvb · cites it 2× “None of the exceptions provided in Nev. Rev. Stat. § 104.9628 apply here. Pioneer knew Ms.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.