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 […]
679.601 – 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 […]
679.514 – Assignment of powers of secured party of record.
679.514 Assignment of powers of secured party of record.— (1) Except as otherwise provided in subsection (3), an initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the […]
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 […]
679.515 – Duration and effectiveness of financing statement; effect of lapsed financing statement.
679.515 Duration and effectiveness of financing statement; effect of lapsed financing statement.— (1) Except as otherwise provided in subsections (2), (5), (6), and (7), a filed financing statement is effective for a period of 5 years after the date of filing. (2) Except as otherwise provided in subsections (5), (6), and (7), an initial financing statement filed in […]
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 […]
679.516 – What constitutes filing; effectiveness of filing.
679.516 What constitutes filing; effectiveness of filing.— (1) Except as otherwise provided in subsection (2), communication of a record to a filing office and tender of the processing fee or acceptance of the record by the filing office constitutes filing. (2) Filing does not occur with respect to a record that a filing office refuses to accept because: […]
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 […]
679.517 – Effect of indexing errors.
679.517 Effect of indexing errors.—The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. History.—s. 6, ch. 2001-198.