N.D. Cent. Code § 41-09-102: (9-605) Unknown debtor or secondary obligor

1.Except as provided in subsection 2, a secured party does not owe a duty based on its status as secured party:

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

(1)That the person is a debtor or obligor;

(2)The identity of the person; and

(3)How to communicate with the person; or

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

(1)That the person is a debtor; and

(2)The identity of the person.

2.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:

a.The person is a debtor or obligor; and

b.The secured party knows that the information in subdivision a of subsection 1 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.