The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.610

679.610 Disposition of collateral after default.—

(1) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.

(2) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.

(3) A secured party may purchase collateral:

(a) At a public disposition; or

(b) At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.

(4) A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.

(5) A secured party may disclaim or modify warranties under subsection (4):

(a) In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or

(b) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.

(6) A record is sufficient to disclaim warranties under subsection (5) if it indicates that “there is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition” or uses words of similar import.

History.—s. 7, ch. 2001-198.

F.S. 679.610 on Google Scholar

F.S. 679.610 on Casetext

Amendments to 679.610

Arrestable Offenses / Crimes under Fla. Stat. 679.610

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.610.

Annotations, Discussions, Cases:

Cases from cite.case.law:

OPACMARE USA, LLC, v. LAZZARA CUSTOM YACHTS, LLC, LLC, v. USA, LLC,, 314 F. Supp. 3d 1276 (M.D. Fla. 2018)

. . . private sale under Uniform Commercial Code § 9-610," which is codified in Florida Statutes section 679.610 . . . Stat. § 679.610(3)(b). (Doc. # 64 at 16). . . . Stat. § 679.610, is a limitation on the secured party's right to receive a deficiency judgment. . . . Stat. § 679.610(1), ReVal NPL had the power to orchestrate a private sale directly to GB Asset through . . .

P. SPELLMAN v. INDEPENDENT BANKERS BANK OF FLORIDA,, 161 So. 3d 505 (Fla. Dist. Ct. App. 2014)

. . . that summary judgment was not proper because IBBF “otherwise disposed” of the Shares under section 679.610 . . . to one of its subsidiaries, IBBF “otherwise disposed” of the collateral for the loans under section 679.610 . . . collateral in its present condition or following any commercially reasonable preparation or processing.” § 679.610 . . . We conclude that IBBF did not “otherwise dispose” of the Shares within the meaning of section 679.610 . . . The version of section 679.610, Florida Statutes (2009), formerly section 679.504(2), Florida Statutes . . .

COMERICA BANK, v. H. MANN, III,, 13 F. Supp. 3d 1262 (N.D. Ga. 2013)

. . . . § 679.610(1). . . . Ann. § 679.610(2). . . .

BARCLAYS BANK PLC, v. A. POYNTER, LLC LLC N. A. LLC NA, 710 F.3d 16 (1st Cir. 2013)

. . . provide notice of our intention to sell the vessel pursuant to Florida Statues [sic]: F.S. 679.609; 679.610 . . .

L. WILLIAMS, v. DELRAY AUTO MALL, INC. a FGAP a, 916 F. Supp. 2d 1294 (S.D. Fla. 2013)

. . . Defendants assert that Williams has not pled the requisite foundation to recover under Florida Statute § 679.610 . . . Defendants state that section 679.610 refers to the disposition of property after default. . . . Florida Statute § 679.610 requires creditors to act in a “commercially reasonable” manner in the disposition . . . Stat. § 679.610(2). This includes a reasonable method, manner, time, and place of the sale. Id. . . . Stat. § 679.610. . . .

VELAZQUEZ v. SOUTH FLORIDA FEDERAL CREDIT UNION,, 89 So. 3d 952 (Fla. Dist. Ct. App. 2012)

. . . Sections 679.609 and 679.610, Florida Statutes (2010), also authorized the repossession of the boat without . . .

SOUTHERN DEVELOPERS EARTHMOVING, INC. a R. a k a A. v. CATERPILLAR FINANCIAL SERVICES CORPORATION,, 56 So. 3d 56 (Fla. Dist. Ct. App. 2011)

. . . .” § 679.610(1). . . . collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.” § 679.610 . . .

TEXTRON FINANCIAL CORPORATION, v. LENTINE MARINE INC. F. A., 630 F. Supp. 2d 1352 (S.D. Fla. 2009)

. . . .” § 679.610(1), Fla. Stat. . . . .” § 679.610(2), Fla. Stat. . . .

BURLEY, v. GELCO CORPORATION, d b a G. E., 976 So. 2d 97 (Fla. Dist. Ct. App. 2008)

. . . .” § 679.610(1), Fla. Stat. (2005). . . . . § 679.610(2), Fla. Stat. (2005). . . .

In MENASCHE, 301 B.R. 757 (Bankr. S.D. Fla. 2003)

. . . under § 679.607; (b) Has disposed of collateral or entered into a contract for its disposition under § 679.610 . . . Stat. §§ 679.610, 679.611, 679.615, 679.617, 679.618, and 679.624 effective January 1, 2002. . Fla. . . .