{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.9A-605.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.9A-605.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.9A-605.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.9A-605.html"}],"law_id":378465,"edition_id":2,"section_id":378465,"structure_id":53781,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","history":"2000, c. 1007; 2024, c. 652.","full_text":"a\n\nIn general: No duty owed by secured party. Except as provided in subsection (b), a secured party does not owe a duty based on its status as secured party:\n\n1\n\nto a person that is a debtor or obligor, unless the secured party knows:\n\nA\n\nthat the person is a debtor or obligor;\n\nB\n\nthe identity of the person; and\n\nC\n\nhow to communicate with the person; or\n\n2\n\nto a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\n\nA\n\nthat the person is a debtor; and\n\nB\n\nthe identity of the person.\n\nb\n\nException: Secured party owes duty to debtor or obligor. 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:\n\n1\n\nthe person is a debtor or obligor; and\n\n2\n\nthe secured party knows that the information in subsection (a)(1)(A), (B), or\n\nc\n\nrelating 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.\n\n","order_by":null,"text":{"0":{"id":1412933,"text":"In general: No duty owed by secured party. Except as provided in subsection (b), a secured party does not owe a duty based on its status as secured party:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":1412934,"text":"to a person that is a debtor or obligor, unless the secured party knows:","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"A"},"2":{"id":1412935,"text":"that the person is a debtor or obligor;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"a1","next_prefix":"B"},"3":{"id":1412936,"text":"the identity of the person; and","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"4":{"id":1412937,"text":"how to communicate with the person; or","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"5":{"id":1412938,"text":"to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"A"},"6":{"id":1412939,"text":"that the person is a debtor; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C2","next_prefix":"B"},"7":{"id":1412940,"text":"the identity of the person.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"b"},"8":{"id":1412941,"text":"Exception: Secured party owes duty to debtor or obligor. 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:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"B","next_prefix":"b1"},"9":{"id":1412942,"text":"the person is a debtor or obligor; and","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"10":{"id":1412943,"text":"the secured party knows that the information in subsection (a)(1)(A), (B), or","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"11":{"id":1412944,"text":"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.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2"}},"ancestry":[{"id":53781,"edition_id":2,"name":"Default and Enforcement of Security Interest","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":53780,"metadata":{"child_laws":24,"child_structures":0},"date_created":"2026-08-02 03:22:11","date_modified":"2026-08-02 12:28:38","permalink":{"id":1511297,"object_type":"structure","relational_id":53781,"identifier":"1","token":"8.9A\/6\/1","url":"\/8.9A\/6\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53780,"edition_id":2,"name":"Default","identifier":"6","label":"part","depth":2,"order_by":6,"parent_id":53764,"metadata":{"child_laws":28,"child_structures":2},"date_created":"2026-08-02 03:22:11","date_modified":"2026-08-02 12:28:38","permalink":{"id":1511295,"object_type":"structure","relational_id":53780,"identifier":"6","token":"8.9A\/6","url":"\/8.9A\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53764,"edition_id":2,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":30,"parent_id":null,"metadata":{"child_laws":153,"child_structures":20},"date_created":"2026-08-02 03:21:54","date_modified":"2026-08-02 12:28:36","permalink":{"id":1510835,"object_type":"structure","relational_id":53764,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378461,"structure_id":53781,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","metadata":false},{"id":378462,"structure_id":53781,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","metadata":false},{"id":378463,"structure_id":53781,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},{"id":378464,"structure_id":53781,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","metadata":false},{"id":378465,"structure_id":53781,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","metadata":false},{"id":378466,"structure_id":53781,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},{"id":378467,"structure_id":53781,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","url":"\/8.9A-607\/","token":"8.9A\/6\/1\/8.9A-607","metadata":false},{"id":378468,"structure_id":53781,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","url":"\/8.9A-608\/","token":"8.9A\/6\/1\/8.9A-608","metadata":false},{"id":378469,"structure_id":53781,"section_number":"8.9A-609","catch_line":"Secured party's right to take possession after default","url":"\/8.9A-609\/","token":"8.9A\/6\/1\/8.9A-609","metadata":false},{"id":378470,"structure_id":53781,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","url":"\/8.9A-610\/","token":"8.9A\/6\/1\/8.9A-610","metadata":false},{"id":378471,"structure_id":53781,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","url":"\/8.9A-611\/","token":"8.9A\/6\/1\/8.9A-611","metadata":false},{"id":378472,"structure_id":53781,"section_number":"8.9A-612","catch_line":"Timeliness of notification before disposition of collateral","url":"\/8.9A-612\/","token":"8.9A\/6\/1\/8.9A-612","metadata":false},{"id":378473,"structure_id":53781,"section_number":"8.9A-613","catch_line":"Contents and form of notification before disposition of collateral; general","url":"\/8.9A-613\/","token":"8.9A\/6\/1\/8.9A-613","metadata":false},{"id":378474,"structure_id":53781,"section_number":"8.9A-614","catch_line":"Contents and form of notification before disposition of collateral; consumer-goods transaction","url":"\/8.9A-614\/","token":"8.9A\/6\/1\/8.9A-614","metadata":false},{"id":378475,"structure_id":53781,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","url":"\/8.9A-615\/","token":"8.9A\/6\/1\/8.9A-615","metadata":false},{"id":378476,"structure_id":53781,"section_number":"8.9A-616","catch_line":"Explanation of calculation of surplus or deficiency","url":"\/8.9A-616\/","token":"8.9A\/6\/1\/8.9A-616","metadata":false},{"id":378477,"structure_id":53781,"section_number":"8.9A-617","catch_line":"Rights of transferee of collateral","url":"\/8.9A-617\/","token":"8.9A\/6\/1\/8.9A-617","metadata":false},{"id":378478,"structure_id":53781,"section_number":"8.9A-618","catch_line":"Rights and duties of certain secondary obligors","url":"\/8.9A-618\/","token":"8.9A\/6\/1\/8.9A-618","metadata":false},{"id":378479,"structure_id":53781,"section_number":"8.9A-619","catch_line":"Transfer of record or legal title","url":"\/8.9A-619\/","token":"8.9A\/6\/1\/8.9A-619","metadata":false},{"id":378480,"structure_id":53781,"section_number":"8.9A-620","catch_line":"Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral","url":"\/8.9A-620\/","token":"8.9A\/6\/1\/8.9A-620","metadata":false},{"id":378481,"structure_id":53781,"section_number":"8.9A-621","catch_line":"Notification of proposal to accept collateral","url":"\/8.9A-621\/","token":"8.9A\/6\/1\/8.9A-621","metadata":false},{"id":378482,"structure_id":53781,"section_number":"8.9A-622","catch_line":"Effect of acceptance of collateral","url":"\/8.9A-622\/","token":"8.9A\/6\/1\/8.9A-622","metadata":false},{"id":378483,"structure_id":53781,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","url":"\/8.9A-623\/","token":"8.9A\/6\/1\/8.9A-623","metadata":false},{"id":378484,"structure_id":53781,"section_number":"8.9A-624","catch_line":"Waiver","url":"\/8.9A-624\/","token":"8.9A\/6\/1\/8.9A-624","metadata":false}],"previous_section":{"id":378464,"structure_id":53781,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","metadata":false},"next_section":{"id":378466,"structure_id":53781,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-605\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 1007<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 652<\/a>.<\/p>","references":[{"id":378461,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","order_by":null,"url":"\/8.9A-601\/"}],"refers_to":false,"permalink":{"id":1511315,"object_type":"law","relational_id":378465,"identifier":"8.9A-605","token":"8.9A\/6\/1\/8.9A-605","url":"\/8.9A-605\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","dublin_core":{"Title":"Unknown debtor or secondary obligor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-605","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In general: No duty owed by secured party<\/span>. Except as provided in subsection (b), a secured party<\/span> does not owe a duty based on its status as secured party<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> to a person that is a debtor or obligor, unless the secured party<\/span> knows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> that the person is a debtor or obligor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> the identity of the person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> how to communicate with the person; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> to a secured party<\/span> or lienholder that has filed a financing statement against a person, unless the secured party<\/span> knows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> that the person is a debtor; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> the identity of the person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Exception: Secured party<\/span> owes duty to debtor or obligor. A secured party<\/span> owes a duty based on its status as a secured party<\/span> to a person if, at the time the secured party<\/span> obtains control of collateral<\/span> that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral<\/span>, whichever is later: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the person is a debtor or obligor; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the secured party<\/span> knows that the information in subsection (a)(1)(A), (B), or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> relating to the person is not provided by the collateral<\/span>, a record attached to or logically associated with the collateral<\/span>, or the system in which the collateral<\/span> is recorded. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNKNOWN DEBTOR OR SECONDARY OBLIGOR (\u00a7 8.9A-605)\n\na. In general: No duty owed by secured party. Except as provided in subsection\n(b), a secured party does not owe a duty based on its status as secured party:\n\n 1. to a person that is a debtor or obligor, unless the secured party knows:\n\nA. that the person is a debtor or obligor;\n\nB. the identity of the person; and\n\nC. how to communicate with the person; or\n\n 2. to a secured party or lienholder that has filed a financing statement\n against a person, unless the secured party knows:\n\nA. that the person is a debtor; and\n\nB. the identity of the person.\n\nb. Exception: Secured party owes duty to debtor or obligor. A secured party owes\na duty based on its status as a secured party to a person if, at the time the\nsecured party obtains control of collateral that is a controllable account,\ncontrollable electronic record, or controllable payment intangible or at the\ntime the security interest attaches to the collateral, whichever is later:\n\n 1. the person is a debtor or obligor; and\n\n 2. the secured party knows that the information in subsection (a)(1)(A), (B),\n or\n\nc. relating to the person is not provided by the collateral, a record attached\nto or logically associated with the collateral, or the system in which the\ncollateral is recorded.\n\nHISTORY: 2000, c. 1007; 2024, c. 652.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}