Section 382-A:9-628 Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor. - New Hampshire Statutes

      (a) Limitation of liability of secured party for noncompliance with article. 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:
         (1) 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; and
         (2) the secured party's failure to comply with this article does not affect the liability of the person for a deficiency.
      (b) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party:
         (1) to a person that is a debtor or obligor, unless the secured party knows:
            (A) that the person is a debtor or obligor;
            (B) the identity of the person; and
            (C) how to communicate with the person; or
         (2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
            (A) that the person is a debtor; and
            (B) the identity of the person.
      (c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. 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) a debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or
         (2) an obligor's representation concerning the purpose for which a secured obligation was incurred.
      (d) Limitation of liability for statutory damages. A secured party is not liable to any person under Section 9-625(c)(2) for its failure to comply with Section 9-616.
      (e) Limitation of multiple liability for statutory damages. A secured party is not liable under Section 9-625(c)(2) more than once with respect to any one secured obligation.

Source. 2001, 102:25, eff. July 1, 2001.