1. (a) 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:

1. (1) to a person that is a debtor or obligor, unless the secured party knows:

   1. (A) that the person is a debtor or obligor;
   2. (B) the identity of the person; and
   3. (C) how to communicate with the person; or

2. (2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

   1. (A) that the person is a debtor; and
   2. (B) the identity of the person.
3. (b) 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:

1. (1) the person is a debtor or obligor; and
2. (2) the secured party knows that the information in subsection (a)(1)(A), (B), or (C) 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.

72 Del. Laws, c. 401, § 1; 84 Del. Laws, c. 174, § 78