HRS §490:9-605
Duties to Unknown Debtors or Secondary Obligors
This section says when a secured party (like a lender) owes duties to a debtor or another creditor. Generally, no duty exists unless the secured party knows who the person is and how to contact them. There is an exception for certain digital collateral where the secured party is considered to owe duties.
creditorsdebtorslandlordstenants
The statute, as written — Unknown debtor or secondary obligor
(a) Except as provided in subsection (b), a secured party shall not owe a duty based on 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. (b) A secured party shall be deemed to owe 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: (1) The person is a debtor or obligor; and (2) The secured party knows that the information in subsection (a)(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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.