Mich. Comp. Laws § 440.9628: Nonliability and limitation on liability of secured party; liability of secondary obligor.
Where this section sits in the code
- MI Code
- Chapter 440
- Act Act-174-of-1962
Sec. 9628.
Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person, both of the following apply:
The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article.
The secured party's failure to comply with this article does not affect the liability of the person for a deficiency.
A secured party is not liable because of its status as secured party to either of the following:
To a person that is a debtor or obligor, unless the secured party knows all of the following:
That the person is a debtor or obligor.
The identity of the person.
How to communicate with the person.
To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows both of the following:
That the person is a debtor.
The identity of the person.
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 1 or more of the following:
A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held.
An obligor's representation concerning the purpose for which a secured obligation was incurred.
A secured party is not liable to any person under section 9625(3)(b) for its failure to comply with section 9616.
A secured party is not liable under section 9625(3)(b) more than once with respect to any 1 secured obligation.
Collected 2026-09-14T18:32:31Z. Source file · JSON