The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

View Entire Chapter

F.S. 679.617

679.617 Rights of transferee of collateral.—

(1) A secured party’s disposition of collateral after default:

(a) Transfers to a transferee for value all of the debtor’s rights in the collateral;

(b) Discharges the security interest under which the disposition is made; and

(c) Discharges any subordinate security interest or other subordinate lien other than liens created under statutes providing for liens, if any, that are not to be discharged.

(2) A transferee that acts in good faith takes free of the rights and interests described in subsection (1), even if the secured party fails to comply with this chapter or the requirements of any judicial proceeding.

(3) If a transferee does not take free of the rights and interests described in subsection (1), the transferee takes the collateral subject to:

(a) The debtor’s rights in the collateral;

(b) The security interest or agricultural lien under which the disposition is made; and

History.—s. 7, ch. 2001-198.

F.S. 679.617 on Google Scholar

F.S. 679.617 on Casetext

Amendments to 679.617

Arrestable Offenses / Crimes under Fla. Stat. 679.617

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.617.

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)

. . . . § 679.617 ("A transferee that acts in good faith takes free of the rights and interests described in . . .

In CURRY, v., 347 B.R. 596 (B.A.P. 6th Cir. 2006)

. . . . § 679.617), established that ownership of the repossessed collateral remained with the debtor because . . .

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

. . . . §§ 679.610, 679.611, 679.615, 679.617, 679.618, and 679.624 effective January 1, 2002. . Fla. . . .