679.618 – Rights and duties of certain secondary obligors.
679.618 Rights and duties of certain secondary obligors.— (1) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (a) Receives an assignment of a secured obligation from the secured party; (b) Receives a transfer of collateral from the secured party and agrees to accept the rights and […]
679.619 – Transfer of record or legal title.
679.619 Transfer of record or legal title.— (1) In this section, the term “transfer statement” means a record authenticated by a secured party stating: (a) That the debtor has defaulted in connection with an obligation secured by specified collateral; (b) That the secured party has exercised its post-default remedies with respect to the collateral; (c) That, by reason of the […]
679.604 – Procedure if security agreement covers real property or fixtures.
679.604 Procedure if security agreement covers real property or fixtures.— (1) If a security agreement covers both personal and real property, a secured party may proceed: (a) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (b) As to both the personal property and the real property in accordance […]
679.605 – Unknown debtor or secondary obligor.
679.605 Unknown debtor or secondary obligor.—A secured party does not owe a duty based on its status as secured party: (1) To a person who 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 […]
679.606 – Time of default for agricultural lien.
679.606 Time of default for agricultural lien.—For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created. History.—s. 7, ch. 2001-198.
679.601 – Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
679.601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.— (1) After default, a secured party has the rights provided in this part and, except as otherwise provided in s. 679.602, those provided by agreement of the parties. A secured party: (a) May reduce a claim to judgment, foreclose, or […]
679.602 – Waiver and variance of rights and duties.
679.602 Waiver and variance of rights and duties.—Except as otherwise provided in s. 679.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections: (1) Section 679.2071(2)(d)3., which deals with use […]
679.603 – Agreement on standards concerning rights and duties.
679.603 Agreement on standards concerning rights and duties.— (1) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in s. 679.602 if the standards are not manifestly unreasonable. (2) Subsection (1) does not apply to the duty […]