679.625 – Remedies for failure to comply with article.
679.625 Remedies for failure to comply with article.— (1) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. This subsection shall not preclude a debtor other than a consumer and a secured party, […]
679.610 – Disposition of collateral after default.
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 […]
679.626 – Action in which deficiency or surplus is in issue.
679.626 Action in which deficiency or surplus is in issue.—In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply: (1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or […]
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 […]