The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . .; § 319.27(1), Fla. Stat. . 11 U.S.C. § 547(b). . 11 U.S.C. § 547(e)(3). . . . .
. . . vehicle or vessel, and whether any person has filed a lien upon the vehicle or vessel as provided in s. 319.27 . . .
. . . Stat. 319.27(6)(d) (2008)) (emphasis added). . . . Stat. § 319.27(6)(d) (2009); Ga.Code Ann. § 40-3-50(b) (2009); Mich. Comp. . . .
. . . Section 319.27(1) of Chapter 319 governs the creation of an enforceable lien on a motor vehicle. . . . Stat. § 319.27. No lien is notated upon the Motorcycle’s Certificate of Title. . . . Stat. § 319.27(1). . . . The statutory language of Florida Statute Sections 319.22 and 319.27 is unambiguous and does not demand . . . The Defendant has no lien interest in the Motorcycle pursuant to Florida Statute Section 319.27. . . .
. . . . § 319.27(6)(d) (2008) (emphasis added); The assignee may, but need not to perfect the assignment, have . . .
. . . The Creditor’s lien was perfected on July 18, 2005, in accordance with Florida Statute § 319.27 (2005 . . .
. . . Wells Fargo’s lien is perfected in accordance with Florida Statute § 319.27 (2005), and it is listed . . .
. . . . § 319.27(3)(b) (“... a security interest under this chapter shall be perfected upon the filing of the . . .
. . . selling used cars,” and thus section 679.3111 provides for an exception to the requirement in section 319.27 . . . state ... unless ... such lien has been noted upon the certificate of title of the motor vehicle.... § 319.27 . . . exception to this rule when a debtor is a licensed dealer selling motor vehicle “floor plan stock.” § 319.27 . . .
. . . . § 319.27(2) provides that no lien for purchase money or as security for a debt in the form of a security . . . Stat. § 319.27(2). . . . In effect, according to section 319.27, the Defendants’ retention of the titles was a mere failed attempt . . . Stat. § 319.27; See also In re Petsch, 82 B.R. 605 (Bankr.M.D.Fla.1988) (finding that a security interest . . .
. . . In its Motion for Partial Summary Judgment, the Debtor argues that under Florida Statutes §§ 319.27 and . . . Under Florida Statutes §§ 319.27 and 679.302, the filing of a UCC-1 is required in two circumstances: . . . Stat. § 319.27(1). But this rule is also subject to exception. . . . Stat. § 319.27(1). . . . Stat. § 319.27(l)(2000)(emphasis added). . . .
. . . the provisions of this act and is subject to any existing liens recorded under the provisions of s. 319.27 . . . of any of its reversionary rights in such motor vehicle or of any of its rights as prescribed in s. 319.27 . . .
. . . because he is not listed as either a lien holder or an owner on the Title and, pursuant to §§ 319.22 and 319.27 . . . Stat. § 319.27; In re Forfeiture of 1977 Kenworth Tractor, VIN #2151322J, 566 So.2d 70 (2nd DCA Fla.1990 . . . has no judicially recognizable ownership or equitable interest in the Truck pursuant to §§ 319.22 and 319.27 . . .
. . . . § 319.27, Fla. Stat. (1995) (emphasis added). . . . Section 319.27(1), Florida Statutes (1985), prescribes that the perfection of a lien on a motor vehicle . . . A lienholder’s interest whose lien has not been perfected according to the requirements of section 319.27 . . . Our construction of section 319.27 protects a variety of innocent parties other than law enforcement . . .
. . . interest to VNB in this automobile by virtue of Section 544 of the Bankruptcy Code and Florida Statutes § 319.27 . . . Florida Statutes chapter 319.27(2) provides that: [N]o lien for purchase money or as security for a debt . . . Fla.Stat. § 319.27. That section requires (1) a sworn notice of lien be filed, see Hardwick v. . . . Stat. § 319.27, VNB’s security interest has not been perfected. . . .
. . . In each of the cited cases, the courts first looked to Florida Statute Section 319.27 which provides— . . . The Third District Court of Appeal determined that Florida Statute Sections 319.15 and 319.27 do not, . . . McCann nor Mullen was there a written debt instrument as impliedly required by Florida Statute Section 319.27 . . . in favor of Bennett, her lien was recorded on the title in conformity with Florida Statute Section 319.27 . . .
. . . Florida Statutes: § 319.27, Florida Statutes. . . . the case within the meaning of 11 U.S.C. § 545(2) because the United States had not complied with § 319.27 . . . However, § 319.27(1), Florida Statutes, specifically provides that the department of motor vehicles is . . . Further, the Attorney General of Florida has issued an opinion that § 319.27, Florida Statutes, does . . .
. . . Section 319.27(5), Florida Statutes (1989); Dicks v. . . .
. . . Sec. 319.27 (1989). . . .
. . . Under Florida Statutes § 319.27, each hen on a motor vehicle titled in Florida must be noted on the face . . .
. . . Ziemer, 125 So.2d 134 (Fla. 2d DCA1960); see also § 319.27(2), Fla.Stat. (1989) (notice of lien filed . . .
. . . appellant’s lien was recorded on Steward’s certificate of title to the mobile home pursuant to section 319.27 . . . Section 319.27(2), Florida Statutes (1989), provides in part as follows: (2) No lien for purchase money . . . is noted upon the certificate of title, “prior to the occurrence of the subsequent transaction.” § 319.27 . . .
. . . The proper method for perfecting a lien is described in section 319.27(1), Florida Statutes (1989), which . . .
. . . Pursuant to Florida Statute § 319.27, receipt of this documentation at the local tag office perfected . . .
. . . A narrow exception exists to the general requirement of Section 319.27. . . . Fla.Stat. § 319.27(1). . . . Stat. § 319.27(1). . . . The pivotal question is whether the property is subject to Fla.Stat. § 319.27(1). . . . Fla.Stat. § 319.27(1). . . .
. . . . § 319.27. No lien on a motor vehicle is valid unless evidenced in this way. Fla.Stat. § 319.20. . . .
. . . . § 319.27(2). . . .
. . . Defendant asserts that this cause of action is controlled by Section 319.27(4)(c), Florida Statutes, . . . The Court is satisfied that Section 319.27(4)(c), Fla.Stat., is applicable to both liens and conditional . . . Section 319.27(4)(c), Fla.Stat. provides that foreign liens, including the conditional sales contract . . .
. . . Bankr.N.D.Fla.1987), wherein it was held that in accordance with the express language of Florida Statutes § 319.27 . . . Upon appeal, this Court was affirmed based upon its reasoning and the express language of Fla.Stat. § 319.27 . . . Notwithstanding the trustee’s argument, the applicable provision, § 319.27(3), is clear on its face and . . .
. . . Florida Statutes, Section 319.27 governs the issue of when perfection of the security interest occurred . . . Fla.Stat. § 319.27(3). . . . forth in its order of March 27, 1987 and, in particular, its reliance on the plain language of Section 319.27 . . .
. . . Florida Statute §§ 679.302, 319.27 (1985). . . .
. . . . § 319.27 (1987). . . .
. . . (See, Florida Statutes § 319.27 and In re Perkins, 73 B.R. 317 (Bkrtcy.N.D.Fla.1987)). . . .
. . . remaining for determination by the Court in this proceeding is whether or not, pursuant to Section 319.27 . . .
. . . remaining for determination by the Court in this proceeding is whether or not, pursuant to Section 319.27 . . .
. . . However, no action was taken to perfect such lien pursuant to § 319.27 F.S., by recording same with the . . .
. . . lienholder’s interest in seized motor vehicle forfeited where lienholder failed to comply with section 319.27 . . .
. . . Section 319.27(1), Florida Statutes (1985), prescribes that the perfection of a lien on a motor vehicle . . . A lienholder’s interest whose lien has not been perfected according to the requirements of section 319.27 . . .
. . . . § 319.27. That argument was heard on June 26,1985. There are no material facts at issue. . . . Stat. § 319.27, as amended in 1982 by the addition of sub-section (3), is ambiguous. . . . Fla.Stat. § 319.27(3). See Bank of Hawthorne v. Shepherd, 330 So.2d 75 (Fla.App.1976). . . .
. . . The issue of priority is governed by § 319.27, Fla.Stats. . . .
. . . Florida Statute § 319.27(3)(a) (1979). . . .
. . . Section 319.27(2), Florida Statutes. . . .
. . . Sec. 319.27, Fla.Stat. (1979); Sec. 679.302(4), Fla.Stat. (1977). . . .
. . . Fla.Stat. 319.27(2) and 319.323 (1979). . . . . § 319.27(2) (1979), which is issued by the DMV pursuant to Fla.Stat. Chap. 319 (1979). . . .
. . . subject to: (b) the following statutes of this State: Chapters 319 [Fla.Stat.] .. . . ” Florida Statutes 319.27 . . . Thus, there is no question that the Bank did not comply with the requirement of § 319.27(2) of Fla.Stat . . .
. . . Florida Statutes § 319.27. . . .
. . . Section 319.27(2), Florida Statutes, states: “No liens for purchase money or as security for a debt . . . . Section 319.27 envisions a unitary scheme for the perfection of security interests in motor vehicles. . . . issue then is whether the security interest claimed by the defendant is properly perfected under § 319.27 . . . The Court stated: Neither § 319.15 nor § 319.27 by their terms create statutory liens on motor vehicles . . . A thorough reading of § 319.27 and its companion, § 319.31(8), Fla.Stat., F.S.A., as well as the other . . .
. . . When read together, Sections 319.22 and 319.27(2), Fla.Stat., (which apply to transfers or security interests . . . Section 371.81 is a provision comparable to Section 319.27(2) and provides that no prior lien is valid . . .
. . . Florida Statutes, §§ 679.9-301, 679.9-302(3), and 319.27. . . . interest will be recognized and enforced against the trustee not only by virtue of Florida Statute, § 319.27 . . .
. . . . § 319.27(2). . . .
. . . other hand, Borg-Warner asserts that Chapter 319 does not apply to this transaction, citing Section 319.27 . . . See Sections 319.27(1) and 679.302(3)(b), supra. . . .
. . . determine the priority of two liens, one a landlord’s lien and the other a lien filed pursuant to Section 319.27 . . .
. . . Statutes Annotated contains no indication of the date on which the above quoted version of section 319.27 . . . That research revealed that section 319.27(2) was amended from that quoted above and in Northeast National . . . lien becomes a lien on a motor vehicle on the date it is filed in the Division of Motor Vehicles. § 319.27 . . . Nonetheless, this court is able to hold on the basis of the present version of section 319.27(2) itself . . .
. . . amount of $10,000.00 against said 1971 Ferrari automobile by compliance with the provisions of Section 319.27 . . .
. . . Section 319.27(2), Florida Statutes. . . . We have not overlooked Section 319.27(4), Florida Statutes, which provides that liens noted on a certificate . . .
. . . Appellant contends that the judgment in favor of appellee is contrary to the provisions of Section 319.27 . . . 1965 amendment to Chapter 319, Florida Statutes, F.S.A., which added the foregoing provision, Section 319.27 . . . ” (Emphasis supplied) Appellee rests his case entirely on the contention that the repeal of Section 319.27 . . . (3) (f), Florida Statutes, and the adoption of Section 319.27(3) (c), both effective January 1, 1966 . . . the facts giving rise to those cases occurred prior to the effective date of the repeal of Section 319.27 . . .
. . . Section 319.27 (2), F.S.A. . . .
. . . See Sections 319.22(1) and 319.27(2), Florida Statutes, F.S.A.; May v. . . .
. . . The appellant cites as controlling § 319.27 (2), Fla.Stats, F.S.A. . . . Next, we move to a discussion of the applicability of § 319.27(2), Fla.Stats, F.S.A. . . . Section 319.27, Fla.Stats., F.S.A., was determined to be a notice type of statute when Judge Horton of . . . McCann, Fla.App.1961,, 132 So.2d 632, 633: “Neither § 319.15 nor § 319.27 by their terms create statutory . . . Wolverton, Fla. 1957, 99 So. 2d 286, 289, construed § 319.27(2) by stating: “Sec. 319.27(2), in effect . . .
. . . appellant to do certain things in order to be considered an innocent purchaser for value pursuant to § 319.27 . . . the consummation of the sale from Schmidt to the appellant did the latter attempt to comply with § 319.27 . . . We hold that under § 319.27(3) (f), Fla.Stat. (1963), F.S.A., it is incumbent upon a prospective purchaser . . . The 1965 Legislature, by Ch. 65-342, General Laws of Florida, has amended $■ 319.27, Fla.Stat., F.S.A . . .
. . . The pertinent provisions of the law are contained in Title 22, Section 319.27, Florida Statutes Annotated . . .
. . . We pause to note that Section 319.27(3) (f), which prescribes the type of inquiry a purchaser must make . . .
. . . The defendant cites as authority for his position, Florida Statutes 319.22 and 319.27 (3) f. . . . Florida Statute 319.27 (3), by its own terms, has no application to this case. . . . It is interesting to note that Florida Statute 319.27 provides a manner in which a buyer may be an “innocent . . .
. . . In this state, Sec. 319.27(3) (f), Florida Statutes 1957, F.S.A., provides for the investigation that . . . The petitioner entreats us to avoid the rigor of the comity rule by invoking the provisions of Sec. 319.27 . . .
. . . Section 319.27(3) (f). . . .
. . . .” § 319.27(2) “Any * * * conditional sales contract, or other * * * instrument made after August 1, . . . This is obviously the intent of §§ 319.22(1) and 319.27(2), Florida Statutes, F.S.A. . . . By virtue of F.S. §§ 319.22 and 319.27(2), F.S.A., Atlantic is estopped to claim a lien superior to that . . .
. . . . * * *”■ “319.27(2) Any mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional . . . Sec. 319.27(3) (b), Fla.Stat., F.S.A. . . .
. . . Section 319.27(f) F.S.1959, F.S.A., provides : “(f) Any person, firm or corporation purchasing [an automobile . . . cited the McQueen case with approval and said that under Florida law failure to comply with F.S. § 319.27 . . .
. . . In an attempt to-comply with the terms of §§ 319.15 and 319.27, Fla.Stat., F.S.A., Howard McCann caused . . . Neither § 319.15 nor § 319.27 by their terms create statutory liens on motor vehicles. . . . Thus, we are concerned with the scope and effect of § 319.27. . . . Section 319.27(2) provides, inter alia: “Any mortgage, conveyance intended to operate as a mortgage, . . . A thorough reading of § 319.27 and its companion, § 319.31(8), Fla.Stat., F.S.A., as well as the other . . .
. . . See sections 319.22(1) and 319.27(2), Florida Statutes, F.S.A.; May v. . . .
. . . Co., Fla., 80 So.2d 606, 607: “ * * * 'phg fact remains that they have failed to comply with Section 319.27 . . .
. . . Our' Statute § 319.27(3) (f), which was in full force and effect at the time of this transaction, reads . . .
. . . grounds, the Trustee urged that it was void as not timely recorded under Florida Statutes §§ 698.01, 319.27 . . .
. . . Section 319.27(3) (f), Florida Statutes, F.S.A. sets forth the conditions under which a person shall . . .
. . . the facts developed by such inquiry and brought his claim within the protective provisions of chapter 319.27 . . . the motor vehicle commissioner and took no action to comply with the protective provisions of chapter 319.27 . . .
. . . Section 319.27(3) (f), F.S.A., providing protection under certain circumstances for purchasers of vehicles . . .
. . . Sec. 319.27, abolishes the recording of motor vehicle liens on vehicles registered in this state and . . .
. . . On this appeal we are concerned with the impact of Sec. 319.22 and Sec. 319.27(2), Fla.Stat.19SS, F.S.A . . . Sec. 319.27(2), in effect, requires mortgages, trust receipts, conditional sale contracts, and other . . . First, as to the effect of the recordation statute, Sec. 319.27(2), supra, as constructive notice to . . . Woolverton is not charged with constructive notice under Sec. 319.27(2) of the finance company’s lien . . . We conclude, therefore, that the provisions of § 319.22 and § 319.27(2), supra, do not change the rule . . .
. . . that they had failed to comply with- the requirements of the Florida statutes, Sections 319.23 and 319.27 . . .
. . . appellant, that Section 319.15, F.S.A., is applicable, but construe the following portion of Section 319.27 . . . filed subsequent to the date shown on such application. * * * ” We have previously held that Section 319.27 . . . Its lien therefore was prior in dignity to the rights of ap-pellee. § 319.27(2), supra. . . .
. . . Missouri to find out whether any liens were recorded there against the car, as required by Section 319.27 . . . cannot be enforced against them regardless of whether they complied with the provisions of Section 319.27 . . . out-of-state car under a title certificate showing a certain motor number;, and our statute, Section 319.27 . . . The fact remains that they have failed to comply with Section 319.27, supra, and this failure has deprived . . .
. . . Corp., Fla., 59 So.2d 49, and also because of Lee’s failure to comply with the provisions of Section 319.27 . . . so because the Legislature by Chapter 28184, Laws of Florida, Acts of 1953, now appearing as Section 319.27 . . . , so he must know that the title of his vendor will be defective unless the requirements of Section 319.27 . . .
. . . Prime Contention: G.F.C.’s liens were invalid as against Murray, Patterson and Sager, by reason of Sec. 319.27 . . .
. . . March 5, 1951, seeking from this court a declaratory judgment to determine his rights under Section 319.27 . . . “The defendant refused to file Of recognize said notice of lien on the grounds that Section 319.27, Florida . . . “The applicable provision of Section 319.27, Florida'Statutes, [F.S.A.,] provides as follows: ' “ ‘319.27 . . . Section 319.27, Florida Statutes, [F.S.A.] does not require the defendant to file or record notice of . . . plaintiff’s’judgment or writ of execution. “3. ■ Section 319.27, Florida Statutes, [F.S.A.] does not . . .
. . . , by virtue of the provisions of Section 8 of Chapter 23658, Laws of Florida, Acts of 1947, Section 319.27 . . . Section 319.27, Florida .Statutes, recognizes subordinate interest. . . .