US Lawyer Database

679.611 – Notification before disposition of collateral.

679.611 Notification before disposition of collateral.— (1) In this section, the term “notification date” means the earlier of the date on which: (a) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or (b) The debtor and any secondary obligor waive the right to notification. (2) Except as otherwise provided in subsection (4), […]

679.612 – Timeliness of notification before disposition of collateral.

679.612 Timeliness of notification before disposition of collateral.— (1) Except as otherwise provided in subsection (2), whether a notification is sent within a reasonable time is a question of fact. (2) A notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a […]

679.613 – Contents and form of notification before disposition of collateral; general.

679.613 Contents and form of notification before disposition of collateral; general.—Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (a) Describes the debtor and the secured party; (b) Describes the collateral that is the subject of the intended disposition; (c) States the method of intended disposition; (d) States […]

679.614 – Contents and form of notification before disposition of collateral; consumer-goods transaction.

679.614 Contents and form of notification before disposition of collateral; consumer-goods transaction.—In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (a) The information specified in s. 679.613(1); (b) A description of any liability for a deficiency of the person to whom the notification is sent; (c) A telephone number from which […]

679.615 – Application of proceeds of disposition; liability for deficiency and right to surplus.

679.615 Application of proceeds of disposition; liability for deficiency and right to surplus.— (1) A secured party shall apply or pay over for application the cash proceeds of disposition under s. 679.610 in the following order to: (a) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by agreement […]

679.616 – Explanation of calculation of surplus or deficiency.

679.616 Explanation of calculation of surplus or deficiency.— (1) In this section, the term: (a) “Explanation” means a writing that: 1. States the amount of the surplus or deficiency; 2. Provides an explanation in accordance with subsection (3) of how the secured party calculated the surplus or deficiency; 3. States, if applicable, that future debits, credits, charges, including additional credit service […]

679.617 – Rights of transferee of collateral.

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 […]

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 […]