Florida Statute 671.201 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 671
UNIFORM COMMERCIAL CODE: GENERAL PROVISIONS

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F.S. 671.201

671.201 General definitions.—Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other chapters of this code which apply to particular chapters or parts thereof, have the meanings stated. Subject to definitions contained in other chapters of this code which apply to particular chapters or parts thereof, the term:

(1) “Action,” in the sense of a judicial proceeding, includes recoupment, counterclaim, setoff, suit in equity, and any other proceedings in which rights are determined.

(2) “Aggrieved party” means a party entitled to pursue a remedy.

(3) “Agreement,” as distinguished from “contract,” means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of dealing, usage of trade, or course of performance as provided in ss. 671.205 and 672.208.

(4) “Bank” means a person engaged in the business of banking and includes a savings bank, a savings and loan association, a credit union, and a trust company.

(5) “Bearer” means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, a negotiable tangible document of title, or a certificated security that is payable to bearer or indorsed in blank.

(6) “Bill of lading” means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt.

(7) “Branch” includes a separately incorporated foreign branch of a bank.

(8) “Burden of establishing” a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.

(9) “Buyer in ordinary course of business” means a person who, in ordinary course, buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller’s own usual or customary practices. A person who sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer who takes possession of the goods or has a right to recover the goods from the seller under chapter 672 may be a buyer in ordinary course of business. “Buyer in ordinary course of business” does not include a person who acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(10) “Central bank digital currency” means a digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the United States Federal Reserve System, a federal agency, a foreign government, a foreign central bank, or a foreign reserve system, that is made directly available to a consumer by such entities. The term includes a digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the United States Federal Reserve System, a federal agency, a foreign government, a foreign central bank, or a foreign reserve system, that is processed or validated directly by such entities.

(11) “Conspicuous,” with reference to a term, means so written, displayed, or presented that, based on the totality of the circumstances, a reasonable person against which it is to operate ought to have noticed it. Whether a term is “conspicuous” is a decision for the court.

(12) “Consumer” means an individual who enters into a transaction primarily for personal, family, or household purposes.

(13) “Contract,” as distinguished from “agreement,” means the total legal obligation that results from the parties’ agreement as determined by this code and as supplemented by any other applicable laws.

(14) “Creditor” includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor’s or assignor’s estate.

(15) “Defendant” includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim.

(16) “Delivery,” with respect to an electronic document of title, means voluntary transfer of control and, with respect to instruments, tangible document of title, or an authoritative tangible copy of a record evidencing chattel paper, means voluntary transfer of possession.

(17) “Document of title” means a record:

(a) That in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers; and

(b) That purports to be issued by or addressed to a bailee and to cover goods in the bailee’s possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium.

(18) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(19) “Fault” means a default, breach, or wrongful act or omission.

(20) “Fungible goods” means:

(a) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or

(b) Goods that, by agreement, are treated as equivalents.

(21) “Genuine” means free of forgery or counterfeiting.

(22) “Good faith,” except as otherwise provided in this code, means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(23) “Holder” means:

(a) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession;

(b) The person in possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or

(24) “Insolvency proceeding” includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved.

(25) “Insolvent” means:

(a) Having ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;

(b) Being unable to pay debts as they become due; or

(26) “Money” means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. The term does not include a central bank digital currency.

(27) Subject to subsection (29), a person has “notice” of a fact if the person:

(a) Has actual knowledge of it;

(b) Has received a notice or notification of it; or

(c) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. A person “knows” or has “knowledge” of a fact when the person has actual knowledge of it. “Discover” or “learn” or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this section.

(28) A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it. Subject to subsection (29), a person “receives” a notice or notification when:

(a) It comes to that person’s attention; or

(b) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.

(29) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and, in any event, from the time when it would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.

(30) “Organization” means a person other than an individual.

(31) “Party,” as distinguished from “third party,” means a person who has engaged in a transaction or made an agreement subject to this code.

(32) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. The term includes a protected series, however denominated, of an entity if the protected series is established under law other than the Uniform Commercial Code which limits, or conditionally limits if conditions specified under the law are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series.

(33) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into.

(34) “Purchase” means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property.

(35) “Purchaser” means a person who takes by purchase.

(36) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(37) “Remedy” means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

(38) “Representative” means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate.

(39) “Right” includes “remedy.”

(40) “Security interest” means an interest in personal property or fixtures which secures payment or performance of an obligation. “Security interest” includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to chapter 679. “Security interest” does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under s. 672.401, but a buyer may also acquire a security interest by complying with chapter 679. Except as otherwise provided in s. 672.505, the right of a seller or lessor of goods under chapter 672 or chapter 680 to retain or acquire possession of the goods is not a security interest, but a seller or lessor may also acquire a security interest by complying with chapter 679. The retention or reservation of title by a seller of goods, notwithstanding shipment or delivery to the buyer under s. 672.401, is limited in effect to a reservation of a security interest. Whether a transaction in the form of a lease creates a security interest is determined by the facts of each case; however:

(a) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee and:

1. The original term of the lease is equal to or greater than the remaining economic life of the goods;

2. The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;

3. The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or

4. The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement.

(b) A transaction does not create a security interest merely because:

1. The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;

2. The lessee assumes the risk of loss of the goods;

3. The lessee agrees to pay, with respect to the goods, taxes; insurance; filing, recording, or registration fees; or service or maintenance costs;

4. The lessee has an option to renew the lease or to become the owner of the goods;

5. The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or

6. The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.

(c) Additional consideration is nominal if it is less than the lessee’s reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if:

1. When the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or

2. When the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed.

(d) The “remaining economic life of the goods” and “reasonably predictable” fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into.

(41) “Send,” in connection with a record or notification, means:

(a) To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or

(b) To cause the record or notification to be received within the time it would have been received if properly sent under paragraph (a).

(42) “Sign,” “signing,” “signed,” or “signature” means, with present intent to authenticate or adopt a record, to:

(a) Execute or adopt a tangible symbol; or

(b) Attach to or logically associate with the record an electronic symbol, sound, or process.

(43) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(44) “Surety” includes a guarantor or other secondary obligor.

(45) “Term” means a portion of an agreement which relates to a particular matter.

(46) “Unauthorized signature” means a signature made without actual, implied, or apparent authority. The term includes a forgery.

(47) “Warehouse receipt” means a document of title issued by a person engaged in the business of storing goods for hire.

(48) “Writing” includes printing, typewriting, or any other intentional reduction to tangible form. “Written” has a corresponding meaning.

History.—s. 1, ch. 65-254; s. 1, ch. 78-222; s. 2, ch. 79-398; s. 2, ch. 87-275; s. 4, ch. 90-278; s. 3, ch. 92-82; s. 552, ch. 97-102; s. 1, ch. 2000-112; s. 10, ch. 2001-198; s. 8, ch. 2007-134; s. 3, ch. 2010-131; s. 1, ch. 2023-80; s. 36, ch. 2025-92.

Note.—s. 1-201, U.C.C.; supersedes ss. 614.02, 673.01, 674.01, 674.07, 674.28, 674.29, 674.30, 678.54.

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Amendments to 671.201

Annotations, Discussions, Cases:

Cases Citing Statute 671.201

Total Results: 177

Fed. Sec. L. Rep. P 96,549, 18 Ucc rep.serv.2d 588 Securities and Exchange Commission v. Charles Phillip Elliott, Charles O. Farrar, Receiver-Appellee, Kenneth J. Davis, Linda J. Davis, Leroy H. Moeller, as Personal Representative of the Estates of Adolph Hagstrom, Squire J. Kingston, Elizabeth Woods, Caroline Estelle, Lynnis H. McClain Ted Masco, Anita K. Hailey, Earl Setterblade, Francis Setterblade, Lloyd Schutzman, Shirley Schutzman, Albert C. Heil, Melvin Burkhardt, Rosa Ella Burkhardt, Howard Dore, Ruth Dore, Gerald J. Braun, Christie Braun, Monica Brooke Braun, C. Albert Ducharme Trust and Catherine F. Ducharme Trust, Seaton F. McDaniel Josephine McDaniel Trudy and Sidney Kleiner, Claimants-Appellants. Securities and Exchange Commission v. Charles Phillip Elliott, Charles O. Farrar, Receiver-Appellee, Melvin Burkhardt and Rosa Ella Burkhardt, Movants-Appellants

953 F.2d 1560

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 1992 | Docket: 684661

Cited 100 times | Published

creating an interest in property." Fla.Stat. § 671.201(31) and (32). Thus, pursuant to their agreements

Ashland Oil, Inc. v. Pickard

269 So. 2d 714

District Court of Appeal of Florida | Filed: Nov 28, 1972 | Docket: 1258290

Cited 59 times | Published

the typed words, "Harold L. Slama, President." § 671.201(39), Fla. Stat., F.S.A. provides that: "`Signed'

Millennium Partners, L.P. v. Colmar Storage, LLC

494 F.3d 1293, 74 Fed. R. Serv. 140, 63 U.C.C. Rep. Serv. 2d (West) 550, 2007 U.S. App. LEXIS 18687, 2007 WL 2245780

Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2007 | Docket: 1611518

Cited 41 times | Published

portions of an identified mass. Fla. Stat. Ahn. § 671.201(15) (West 2007). Thus, Colmar argues that Millenium

Focht v. Wells Fargo Bank, N.A.

124 So. 3d 308, 2013 Fla. App. LEXIS 15126, 2013 WL 5338048

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60235445

Cited 25 times | Published

must be in possession of the original note. See § 671.201(21)(a), Fla. Stat. (2007) (defining “holder” as

Citizens Nat. Bank of Orlando v. Bornstein

374 So. 2d 6, 27 U.C.C. Rep. Serv. (West) 242

Supreme Court of Florida | Filed: Jul 18, 1979 | Docket: 1523409

Cited 25 times | Published

"security interest" as that term is defined in section 671.201(37). While admitting that most authorities

Fox v. McCaw Cellular Communications

745 So. 2d 330, 1998 WL 870859

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 1689183

Cited 21 times | Published

good faith as being synonymous with honesty. See § 671.201(19), Fla.Stat. (1997) ("`Good faith' means honesty

Sellers v. Frank Griffin AMC Jeep, Inc.

526 So. 2d 147, 1988 WL 50148

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2180729

Cited 21 times | Published

lease for purposes of law against usury). Section 671.201(37), in defining security interest, expressly

Isaly Klondike Co. v. Sunstate Dairy & Food Products Co. (In Re Sunstate Dairy & Food Products Co.)

145 B.R. 341, 19 U.C.C. Rep. Serv. 2d (West) 113, 6 Fla. L. Weekly Fed. B 224, 1992 Bankr. LEXIS 1496, 23 Bankr. Ct. Dec. (CRR) 777

United States Bankruptcy Court, M.D. Florida | Filed: Sep 15, 1992 | Docket: 1118018

Cited 18 times | Published

"a person who takes by purchase," (Fla.Stat. § 671.201(33) (1991)), and purchase includes "taking by

Isaly Klondike Co. v. Sunstate Dairy & Food Products Co. (In Re Sunstate Dairy & Food Products Co.)

145 B.R. 341, 19 U.C.C. Rep. Serv. 2d (West) 113, 6 Fla. L. Weekly Fed. B 224, 1992 Bankr. LEXIS 1496, 23 Bankr. Ct. Dec. (CRR) 777

United States Bankruptcy Court, M.D. Florida | Filed: Sep 15, 1992 | Docket: 1118018

Cited 18 times | Published

"a person who takes by purchase," (Fla.Stat. § 671.201(33) (1991)), and purchase includes "taking by

In Re Grubbs Construction Co.

319 B.R. 698, 55 U.C.C. Rep. Serv. 2d (West) 501, 18 Fla. L. Weekly Fed. B 75, 2005 Bankr. LEXIS 19, 2005 WL 56972

United States Bankruptcy Court, M.D. Florida | Filed: Jan 7, 2005 | Docket: 1062830

Cited 17 times | Published

Rev.Code Ann. § 1301.01(KK)(2004)(see also section 671.201(37)(2001), Fla. Stat.)("Revised U.C.C. 1-201(37)")

Monsanto Agr. Products Co. v. Edenfield

426 So. 2d 574, 35 U.C.C. Rep. Serv. (West) 781

District Court of Appeal of Florida | Filed: Nov 16, 1982 | Docket: 1213119

Cited 17 times | Published

judge did not rule on the issue. In addition, § 671.201(10), Fla. Stat., defining conspicuous, provides:

Equilease Corp. v. AAA MacHine Co. (In Re AAA MacHine Co.)

30 B.R. 323, 36 U.C.C. Rep. Serv. (West) 287, 1983 Bankr. LEXIS 6126

United States Bankruptcy Court, S.D. Florida. | Filed: May 27, 1983 | Docket: 1393864

Cited 14 times | Published

determined by the facts of each case. See Fla.Stat. § 671.201(37), In Re Mountain Carpet, Inc., 11 B.R. 729

State v. De Anza Corp.

416 So. 2d 1173

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1224362

Cited 14 times | Published

(1981). The term "good faith" is defined in section 671.201(19), Florida Statutes (1981), identically as

Bondurant v. Beard Equipment Co.

345 So. 2d 806, 21 U.C.C. Rep. Serv. (West) 340

District Court of Appeal of Florida | Filed: Mar 3, 1977 | Docket: 1478285

Cited 14 times | Published

definition of the word "send", as set forth at Section 671.201(38), that written notice must be sent by the

International Harvest. Cr. v. American Nat. Bk.

296 So. 2d 32, 85 A.L.R. 3d 1015

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1228820

Cited 14 times | Published

debtor." (Emphasis supplied.) Also, Fla. Stat. § 671.201(37), F.S.A. defines "security interest" as follows:

Branford State Bank v. Hackney Tractor Co.

455 So. 2d 541, 39 U.C.C. Rep. Serv. (West) 1134, 9 Fla. L. Weekly 1834, 1984 Fla. App. LEXIS 14884

District Court of Appeal of Florida | Filed: Aug 23, 1984 | Docket: 2561904

Cited 13 times | Published

appellee qualified as a "purchaser" under section 671.201(33). Appellee was not a buyer in the ordinary

Seinfeld v. Commercial Bank & Trust Co.

405 So. 2d 1039, 32 U.C.C. Rep. Serv. (West) 1137

District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 1348175

Cited 12 times | Published

in the conduct or transaction concerned," Section 671.201(19) and "without notice ... of any defense

Troupe v. Redner

652 So. 2d 394, 1995 WL 51111

District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 1518036

Cited 11 times | Published

or to his order or to the bearer or in blank." § 671.201(20), Fla. Stat. (1993). Despite the attestation

Venn v. Howell's Auto Repair Center, Inc. (In Re Howell)

161 B.R. 285, 7 Fla. L. Weekly Fed. B 301, 24 U.C.C. Rep. Serv. 2d (West) 38, 1993 Bankr. LEXIS 1804, 1993 WL 499377

United States Bankruptcy Court, N.D. Florida | Filed: Sep 29, 1993 | Docket: 1107346

Cited 11 times | Published

Code as codified by Florida. Florida Statute § 671.201(37) defines the term "security interest" to mean

First New England Fin. Corp. v. Woffard

421 So. 2d 590, 35 U.C.C. Rep. Serv. (West) 650

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 1719490

Cited 11 times | Published

the obligor regardless of when they accrue. Section 671.201(26), Florida Statutes, defines the giving and

Jackson Vitrified v. People's Am.

388 So. 2d 1059, 30 U.C.C. Rep. Serv. (West) 281

District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 1520867

Cited 11 times | Published

any other person empowered to act for another." § 671.201(35), Fla. Stat. (1975), UCC § 1-201(35) (1962)

Taylor v. Bayview Loan Servicing, LLC

74 So. 3d 1115, 2011 Fla. App. LEXIS 17849, 2011 WL 5374772

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 2356032

Cited 10 times | Published

the note and its right to enforce the note. See § 671.201(20), Fla. Stat. (2005) ("`Holder,' with respect

Paul v. Wells Fargo Bank, N.A.

68 So. 3d 979, 2011 Fla. App. LEXIS 13896, 2011 WL 3862091

District Court of Appeal of Florida | Filed: Sep 2, 2011 | Docket: 2355013

Cited 10 times | Published

So.2d 394, 395-96 (Fla. 2d DCA 1995) (citing § 671.201(20), Fla. Stat. (1993)). We need say nothing further

Harvey v. Deutsche Bank National Trust Co.

69 So. 3d 300, 2011 Fla. App. LEXIS 10194, 2011 WL 1485310

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2360271

Cited 10 times | Published

person that is the person in possession....” § 671.201(21)(a), Fla. Stat. (2009). “Bearer” means “a person

Frank Griffin Volkswagen, Inc. v. Smith

610 So. 2d 597, 1992 WL 365476

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1413155

Cited 10 times | Published

code and any other applicable rules of law." § 671.201(11), Fla. Stat. (1987) (UCC § 1-201(11)). As explained

Any Kind Checks Cashed, Inc. v. Talcott

830 So. 2d 160, 48 U.C.C. Rep. Serv. 2d (West) 800

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1516853

Cited 9 times | Published

WILLAMETTE L.REV. 567 (1993). Prior to 1992, section 671.201(19), Florida Statutes (1991), defined "good

Royal Food Markets Inc. v. U.S. Berkel Food MacHines, Inc. (In Re Royal Food Markets, Inc.)

121 B.R. 913, 13 U.C.C. Rep. Serv. 2d (West) 876, 1990 Bankr. LEXIS 2548, 12 Bankr. Ct. Dec. (CRR) 182

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 6, 1990 | Docket: 1608684

Cited 9 times | Published

determined by the facts of each case. Fla. Stat. § 671.201(37); In re Mountain Carpet, Inc., 11 B.R. 729

Gathercrest Ltd. v. First American Bank & Trust

649 F. Supp. 106, 1985 U.S. Dist. LEXIS 18147

District Court, M.D. Florida | Filed: Jul 8, 1985 | Docket: 1198821

Cited 9 times | Published

contracts (Section 1-103). (Compare "Contract"). Fla.Stat. 671.201(3). An agreement includes provisions in which

Garner v. Pearson

545 F. Supp. 549

District Court, M.D. Florida | Filed: Jul 23, 1982 | Docket: 2448615

Cited 9 times | Published

he has actual knowledge of the fact. Fla.Stat. § 671.201(25)(a). Exchange had actual notice that the B-A

Rudy's Glass Const. Co. v. EF Johnson Co.

404 So. 2d 1087, 32 U.C.C. Rep. Serv. (West) 1373, 1981 Fla. App. LEXIS 21337

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1782835

Cited 9 times | Published

of warranty was conspicuous as defined by Section 671.201(10), Florida Statutes (1979) and therefore

All American Manufacturing Corp. v. Quality Textile Screen Prints, Inc. (In Re All American Manufacturing Corp.)

172 B.R. 394, 27 U.C.C. Rep. Serv. 2d (West) 48, 8 Fla. L. Weekly Fed. B 200, 1994 Bankr. LEXIS 1443

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 21, 1994 | Docket: 1867932

Cited 8 times | Published

interest here is governed by subparagraph (a) of § 671.201(37) Florida Statutes, which provides as follows:

O'NEILL v. Barnett Bank of Jacksonville, NA

360 So. 2d 150, 24 U.C.C. Rep. Serv. (West) 779

District Court of Appeal of Florida | Filed: Jun 30, 1978 | Docket: 1474885

Cited 8 times | Published

resolve both issues in favor of Barnett. Under Section 671.201(9), Florida Statutes (1975), a buyer in the

Thomas Franklin v. Bank of America, N.A., Successor in etc.

202 So. 3d 923, 2016 Fla. App. LEXIS 15582

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480284

Cited 7 times | Published

identified person that is the person in possession.” § 671.201(21), Fla. Stat. (2009). “A plaintiff must tender

Anderson v. Branch Banking & Trust Co. ex rel. BankAtlantic, LLC

119 F. Supp. 3d 1328, 87 U.C.C. Rep. Serv. 2d (West) 182, 2015 U.S. Dist. LEXIS 98235, 2015 WL 4554921

District Court, S.D. Florida | Filed: Jul 28, 2015 | Docket: 64303285

Cited 7 times | Published

individual “receives a notice or notification.” Under § 671.201, a person gives notice to another “by taking such

Isaac v. Deutsche Bank National Trust Co.

74 So. 3d 495, 74 U.C.C. Rep. Serv. 2d (West) 220, 2011 Fla. App. LEXIS 4768, 2011 WL 1261142

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 70603

Cited 7 times | Published

identified person that is the person in possession." § 671.201(21)(a), Fla. Stat. Thus, Deutsche Bank, by virtue

Benoay v. EF Hutton & Co., Inc.

699 F. Supp. 1523, 1988 U.S. Dist. LEXIS 14946, 1988 WL 123507

District Court, S.D. Florida | Filed: Jan 8, 1988 | Docket: 885488

Cited 7 times | Published

its name printed on it.[4]See, e.g., Fla.Stat. § 671.201(39)(1985) and comments thereto; See, generally

ITT Indus. Credit Co. v. Regan

487 So. 2d 1047, 11 Fla. L. Weekly 188, 1 U.C.C. Rep. Serv. 2d (West) 274, 1986 Fla. LEXIS 1978

Supreme Court of Florida | Filed: Apr 24, 1986 | Docket: 1797441

Cited 7 times | Published

a security interest in the property. See id.; § 671.201(37), Fla. Stat. (1985). A determination of which

Bank of New York v. Olympia & York Florida Equity Corp. (In Re Holywell Corp.)

51 B.R. 56, 13 Collier Bankr. Cas. 2d 446, 41 U.C.C. Rep. Serv. (West) 997, 1985 Bankr. LEXIS 5879, 13 Bankr. Ct. Dec. (CRR) 446

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 24, 1985 | Docket: 1468822

Cited 7 times | Published

bank's contention is UCC § 1-201(37), Fla.Stat. § 671.201(37): "(37) `Security interest' means an interest

Dependable Ins. Co., Inc. v. Landers

421 So. 2d 175, 34 U.C.C. Rep. Serv. (West) 1474, 1982 Fla. App. LEXIS 21259

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 1234746

Cited 7 times | Published

"conspicuous" or not is for decision by the court. § 671.201(10), Fla. Stat. (1981).

Bert Smith Oldsmobile, Inc. v. Franklin

400 So. 2d 1235, 31 U.C.C. Rep. Serv. (West) 1273, 1981 Fla. App. LEXIS 19930

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1262676

Cited 7 times | Published

alleged disclaimers were conspicuous. We agree. Section 671.201(10) states that, "Whether a term or clause

Xerographic Supplies Corp. v. Hertz Commercial

386 So. 2d 299, 29 U.C.C. Rep. Serv. (West) 1261, 1980 Fla. App. LEXIS 17239

District Court of Appeal of Florida | Filed: Jul 29, 1980 | Docket: 477259

Cited 7 times | Published

requirement that the disclaimer be conspicuous. Section 671.201(10) defines the term "conspicuous."

Swift v. JI Case Company

266 So. 2d 379

District Court of Appeal of Florida | Filed: Sep 26, 1972 | Docket: 1298634

Cited 7 times | Published

purchaser. F.S. § 671.201(9), F.S.A. [4] F.S. § 679.307(1), F.S.A. [5] F.S. § 671.201(9), F.S.A. [6]

Cook Sales, Inc. v. Shores (In Re Shores)

332 B.R. 31, 2005 U.S. Dist. LEXIS 28426, 2005 WL 2663484

District Court, M.D. Florida | Filed: Oct 19, 2005 | Docket: 1569820

Cited 6 times | Published

the safe harbor provisions in Florida Statute § 671.201(37) is a question of law and is reviewed de novo

Ernie Passeos, Inc. v. O'HALLORAN

855 So. 2d 106, 2003 WL 21536736

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1752468

Cited 6 times | Published

a "`[b]uyer in ordinary course of business.'" § 671.201(9), Fla. Stat. (1997). Keller alleges that the

In Re Estate of Barsanti

773 So. 2d 1206, 2000 WL 1781380

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 1291741

Cited 6 times | Published

presumed to be the owner and rightful holder. See § 671.201(20), Fla. Stat. (1999). There was no substantial

Westship, Inc. v. Trident Shipworks, Inc.

247 B.R. 856, 2000 U.S. Dist. LEXIS 8680, 2000 WL 507105

District Court, M.D. Florida | Filed: Apr 11, 2000 | Docket: 1826220

Cited 6 times | Published

lease and a security interest. See Fla.Stat. § 671.201(37) (1999). An examination of the congressional

East Bay Ltd. Partnership v. American General Life & Accident Insurance

744 F. Supp. 1118, 1990 U.S. Dist. LEXIS 15474, 1990 WL 129282

District Court, M.D. Florida | Filed: Sep 7, 1990 | Docket: 1371733

Cited 6 times | Published

or enforcement." Good faith is defined in Section 671.201(19) to mean "honesty in fact in the conduct

Georgia-Pacific Corp. v. Walter E. Heller & Co. Southeast

440 So. 2d 666, 37 U.C.C. Rep. Serv. (West) 735, 1983 Fla. App. LEXIS 24347

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 1430556

Cited 6 times | Published

intended as security within the meaning of Section 671.201(37), Florida Statutes, or was a sale or return

Florida Dept. of Corrections v. BLOUNT, ETC.

411 So. 2d 930, 33 U.C.C. Rep. Serv. (West) 912, 1982 Fla. App. LEXIS 19512

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 1697026

Cited 6 times | Published

from being passed. Correria, at 24. Under Section 671.201(9), a "buyer in ordinary course of business"

SCADIF, S.A. v. First Union National Bank

208 F. Supp. 2d 1352, 48 U.C.C. Rep. Serv. 2d (West) 232, 2002 U.S. Dist. LEXIS 12962, 2002 WL 1473458

District Court, S.D. Florida | Filed: Jul 5, 2002 | Docket: 2449794

Cited 5 times | Published

including course of dealing or usage of trade ...." § 671.201(3), Fla. Stat. (emphasis added) Having found that

Regan v. ITT Indus. Credit Co.

469 So. 2d 1387, 10 Fla. L. Weekly 64

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1271985

Cited 5 times | Published

78-222, Laws of Florida (1978), reenacting Section 671.201, Florida Statutes, and amending subsections

Associated Air Services, Inc. v. W.J.C., Inc. (In Re Associated Air Services, Inc.)

42 B.R. 768, 39 U.C.C. Rep. Serv. (West) 1001, 1984 Bankr. LEXIS 5506

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 12, 1984 | Docket: 1502890

Cited 5 times | Published

section under the definition of "security interest" § 671,201(37), the statute provides: . . . Unless a lease

Lonray, Inc. v. Azucar, Inc.

568 F. Supp. 189, 1983 U.S. Dist. LEXIS 15945

District Court, M.D. Florida | Filed: Jun 27, 1983 | Docket: 2220274

Cited 5 times | Published

more probable than its nonexistence. Fla. Stat. § 671.201(8). 7. This burden of proof means that at the

Liebowitz v. Wright Properties, Inc.

427 So. 2d 783, 35 U.C.C. Rep. Serv. (West) 862, 1983 Fla. App. LEXIS 19190

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 1648350

Cited 5 times | Published

as defined in the Uniform Commercial Code, section 671.201(20), Florida Statutes (1981), which states:

Ardmore Farms v. Smith

423 So. 2d 1039

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 544622

Cited 5 times | Published

1966). See, further, Uniform Commercial Code, § 671.201(39), Florida Statutes, defining "signed" for Code

Midland-Guardian Co. v. Hagin

370 So. 2d 25

District Court of Appeal of Florida | Filed: Apr 20, 1979 | Docket: 1386004

Cited 5 times | Published

intended to create a security interest as defined in § 671.201(37). Further, a mobile home falls within the definition

Hartzog v. Dixon

366 So. 2d 848

District Court of Appeal of Florida | Filed: Jan 30, 1979 | Docket: 1655649

Cited 5 times | Published

contract rights which is subject to Chapter 679." Section 671.201(37), Fla. Stat. (1975). The three requisites

Sheppard v. Revlon, Inc.

267 So. 2d 662, 11 U.C.C. Rep. Serv. (West) 487

District Court of Appeal of Florida | Filed: Oct 10, 1972 | Docket: 1481556

Cited 5 times | Published

more, of Revlon cosmetics at one itme. See also: § 671.201(11) and (44)(d), Fla. Stat., F.S.A. Assuming,

Kenney v. HSBC Bank USA, National Ass'n

175 So. 3d 377, 2015 Fla. App. LEXIS 14073, 2015 WL 5665217

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 60250560

Cited 4 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). “A plaintiff who is

Citibank, N.A. v. Dalessio

756 F. Supp. 2d 1361, 2010 WL 5137601

District Court, M.D. Florida | Filed: Dec 10, 2010 | Docket: 2344031

Cited 4 times | Published

DCA 1995) (citations omitted); see Fla. Stat. § 671.201(21) (2010); Mortg. Elec. Registration Sys. v.

Adler v. Key Financial Services, Inc.

553 So. 2d 284, 1989 WL 142688

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1259215

Cited 4 times | Published

not such other actually comes to know of it." § 671.201(26), Fla. Stat. (1987). There is a disputed issue

UC Leasing, Inc. v. BARNETT BK., W. FLA.

443 So. 2d 384, 37 U.C.C. Rep. Serv. (West) 1323

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1459185

Cited 4 times | Published

provisions of Ch. 679, Florida Statutes (1981). See § 671.201(37), Florida Statutes (1981). It was further held

Richwagen v. Lilienthal

386 So. 2d 247, 29 U.C.C. Rep. Serv. (West) 964

District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 476973

Cited 4 times | Published

appellant. A warehouse receipt is defined in Section 671.201(45), Florida Statutes (1975) as: ... a receipt

Milnes v. General Elec. Credit Corp.

377 So. 2d 725, 27 U.C.C. Rep. Serv. (West) 1428

District Court of Appeal of Florida | Filed: Nov 20, 1979 | Docket: 2542869

Cited 4 times | Published

that kind, but does not include a pawnbroker. § 671.201(9), Fla. Stat. (1977). We see no conflict between

BVA Credit Corp. v. Fisher

369 So. 2d 606, 26 U.C.C. Rep. Serv. (West) 795

District Court of Appeal of Florida | Filed: Sep 21, 1978 | Docket: 470701

Cited 4 times | Published

interest under which the disposition is made. F.S. 671.201(37) defines "security interest" and provides

Federal National Mortgage Ass'n v. Rafaeli

225 So. 3d 264, 93 U.C.C. Rep. Serv. 2d (West) 149, 2017 WL 3085331, 2017 Fla. App. LEXIS 10444

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 60272431

Cited 3 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2015). Here, the note owner’s

PennyMac Corp. v. Frost

214 So. 3d 686, 92 U.C.C. Rep. Serv. 2d (West) 169, 2017 WL 1013192, 2017 Fla. App. LEXIS 3441

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60264214

Cited 3 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2015). Thus, a plaintiff who

Schmidt v. Deutsche Bank

170 So. 3d 938, 2015 Fla. App. LEXIS 11576, 2015 WL 4577287

District Court of Appeal of Florida | Filed: Jul 31, 2015 | Docket: 60249538

Cited 3 times | Published

original note and the allonge endorsed in blank. See § 671.201(21), Fla. Stat.; see also Eagles Master Ass’n

Crews v. First Union National Bank of Florida, N.A. (In Re Michelle's Hallmark Cards & Gifts, Inc.)

219 B.R. 316, 11 Fla. L. Weekly Fed. B 237, 36 U.C.C. Rep. Serv. 2d (West) 225, 1998 Bankr. LEXIS 389, 32 Bankr. Ct. Dec. (CRR) 504, 1998 WL 154658

United States Bankruptcy Court, M.D. Florida | Filed: Mar 16, 1998 | Docket: 205459

Cited 3 times | Published

performance of an obligation". Fla.Stat.Ann. § 671.201(37) (West 1998). Under Florida's Uniform Commercial

Gibson v. Resolution Trust Corp.

51 F.3d 1016, 1995 WL 238647

Court of Appeals for the Eleventh Circuit | Filed: May 10, 1995 | Docket: 64020495

Cited 3 times | Published

performance of an obligation.” See Fla.Stat.Ann. § 671.201(37) (West 1995). To create a security interest

Graphic Productions Corp. v. WWF Paper Corp. (In Re Graphic Productions Corp.)

176 B.R. 65, 8 Fla. L. Weekly Fed. B 262, 32 Collier Bankr. Cas. 2d 879, 1994 Bankr. LEXIS 2011, 26 Bankr. Ct. Dec. (CRR) 545

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 13, 1994 | Docket: 1489147

Cited 3 times | Published

requirement that the demand be in writing. Section 671.201(26), Florida Statutes, provides that A person

Graf v. Liberty Mut. Ins. Co.

636 So. 2d 539, 1994 Fla. App. LEXIS 3501, 1994 WL 135209

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 1715236

Cited 3 times | Published

conspicuous when contained in a writing. See also section 671.201(10), Florida Statutes, which defines "conspicuous"

Southern Contract Carpe, Inc. v. Cty. Nat. Bk. of S. Fla.

528 So. 2d 42, 1988 WL 62004

District Court of Appeal of Florida | Filed: Jun 21, 1988 | Docket: 1717322

Cited 3 times | Published

definition of the term in the UCC itself. Section 671.201(43), Florida Statutes (1985) states: (43) `Unauthorized'

Matter of Forest Enterprises, Inc.

64 B.R. 310, 14 Bankr. Ct. Dec. (CRR) 1142, 2 U.C.C. Rep. Serv. 2d (West) 764, 1986 Bankr. LEXIS 5455

United States Bankruptcy Court, M.D. Florida | Filed: Aug 22, 1986 | Docket: 1825282

Cited 3 times | Published

Caterpillar. The word "send" is defined in Fla.Stat. § 671.201(38) as follows: "Send" in connection with any

Suburbia Fed. S. & L. Ass'n v. Bel-Air Conditioning

385 So. 2d 1151, 29 U.C.C. Rep. Serv. (West) 1411

District Court of Appeal of Florida | Filed: Jul 9, 1980 | Docket: 1337992

Cited 3 times | Published

provided in s. 679.310. (Emphasis supplied.) Section 671.201(37), Florida Statutes (1979), in turn, defines

In Re Estate of Silvian

347 So. 2d 632

District Court of Appeal of Florida | Filed: May 20, 1977 | Docket: 1290697

Cited 3 times | Published

of Westley Silvian, to which we disagree. Section 671.201(20), Florida Statutes, defines a "holder" as

American Nat. Bank v. INTERNATIONAL HARV. CR. CORP.

269 So. 2d 726, 11 U.C.C. Rep. Serv. (West) 682

District Court of Appeal of Florida | Filed: Nov 9, 1972 | Docket: 1722369

Cited 3 times | Published

must assume that the Uniform Commercial Code Section 671.201(11) is applicable wherein the definition of

Coplan Pipe and Supply Co. v. Ben-Frieda Corp.

256 So. 2d 218, 10 U.C.C. Rep. Serv. (West) 408

District Court of Appeal of Florida | Filed: Jan 4, 1972 | Docket: 1522729

Cited 3 times | Published

to the same extent as any other holder. See: § 671.201(20), Fla. Stat., F.S.A. Appellant Coplan Pipe

DEUTSCHE BANK TRUST COMPANY AMERICAS, etc. v. CHRISTOPHER HARRIS a/k/a CHRISTOPHER E. HARRIS

264 So. 3d 186

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588109

Cited 2 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2017) (emphases added). On

United States v. Vico

360 F. Supp. 3d 1328

District Court, S.D. Florida | Filed: Jan 18, 2019 | Docket: 64322796

Cited 2 times | Published

Dictionary (9th Ed.) at 1006; see also Fla. Stat. § 671.201 (" 'Security interest' means an interest in personal

Peter E. Shapiro, P.A. v. Wells Fargo Bank, N.A.

352 F. Supp. 3d 1226

District Court, S.D. Florida | Filed: Nov 5, 2018 | Docket: 64322086

Cited 2 times | Published

affected by the information. Fla. Stat. § 671.201(27) ; see also § 671.201(25). Some background is necessary

Department of Transportation v. United Capital Funding Corp.

219 So. 3d 126, 92 U.C.C. Rep. Serv. 2d (West) 668, 2017 WL 1536070, 2017 Fla. App. LEXIS 5902

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60266466

Cited 2 times | Published

context in which it is used indicates otherwise. § 671.201(30), Fla. Stat. (2012). We see nothing in sections

Bank of New York Mellon v. Heath

219 So. 3d 104, 2017 WL 1492988, 2017 Fla. App. LEXIS 5790

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60266354

Cited 2 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2014), In other words, a plaintiff

U.S. Bank National Ass'n v. Becker

211 So. 3d 142, 2017 WL 514340, 2017 Fla. App. LEXIS 1546

District Court of Appeal of Florida | Filed: Feb 8, 2017 | Docket: 60262544

Cited 2 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). “Thus, to be a holder

Brittany's Place Condominium Association, Inc. v. U.S. Bank, N.A.

205 So. 3d 794, 2016 Fla. App. LEXIS 14788

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469187

Cited 2 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2014). Under the UCC, a holder

Thomas Caraccia v. U.S. Bank, National Association

185 So. 3d 1277, 2016 Fla. App. LEXIS 2708, 2016 WL 731773

District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038770

Cited 2 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat; “[W]ith bearer note’s

Leader Global Solutions, LLC v. Tradeco Infraestructura, S.A. DE C.V.

155 F. Supp. 3d 1310, 2016 U.S. Dist. LEXIS 4851, 2016 WL 146612

District Court, S.D. Florida | Filed: Jan 12, 2016 | Docket: 64306293

Cited 2 times | Published

supplemented by any other applicable laws.” Fla. Stat. § 671.201. . The Court questions whether Tradeco can amend

Madura v. Bac Home Loans Servicing, LP

593 F. App'x 834

Court of Appeals for the Eleventh Circuit | Filed: Nov 10, 2014 | Docket: 65959097

Cited 2 times | Published

person in possession....’” Id. (quoting Fla. Stat. § 671.201(5)). The “bearer” is someone in possession of

Madura v. Bac Home Loans Servicing, LP

593 F. App'x 834

Court of Appeals for the Eleventh Circuit | Filed: Nov 10, 2014 | Docket: 65959097

Cited 2 times | Published

person in possession....’” Id. (quoting Fla. Stat. § 671.201(5)). The “bearer” is someone in possession of

Lindsey v. Wells Fargo Bank, N.A.

139 So. 3d 903, 2013 Fla. App. LEXIS 3145, 2013 WL 692825

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60241232

Cited 2 times | Published

payee or an affidavit of ownership); see also § 671.201(5), Fla. Stat. (2011) (defining “bearer” as person

U.S. Bank National Ass'n v. Knight

90 So. 3d 824, 77 U.C.C. Rep. Serv. 2d (West) 335, 2012 Fla. App. LEXIS 5570, 2012 WL 1192143

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60309647

Cited 2 times | Published

person that is the person in possession ....” § 671.201(21)(a), Fla. Stat. (2008). The “bearer” is a person

Quaker Oats Co. v. Affiliated of Florida, Inc. (In Re Affiliated of Florida, Inc.)

237 B.R. 495, 42 Collier Bankr. Cas. 2d 955, 12 Fla. L. Weekly Fed. B 338, 39 U.C.C. Rep. Serv. 2d (West) 997, 1998 Bankr. LEXIS 1877, 1998 WL 1107972

United States Bankruptcy Court, M.D. Florida | Filed: Jul 7, 1998 | Docket: 1475353

Cited 2 times | Published

creating an interest in property." Fla.Stat. § 671.201(32). Consequently, a secured creditor is a "purchaser"

Finizio v. Shubow

557 So. 2d 640, 1990 WL 17496

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 456914

Cited 2 times | Published

contained in the Uniform Commercial Code at section 671.201, Florida Statutes (1987), where it is defined

Hadley v. EF Hutton & Co., Inc.

707 F. Supp. 509, 1989 U.S. Dist. LEXIS 2540, 1989 WL 22253

District Court, M.D. Florida | Filed: Mar 13, 1989 | Docket: 1140158

Cited 2 times | Published

question he had reason to know that it exists." Section 671.201(25)(c), Florida Statutes; Section 47-1-201(25)(c)

Brown v. Superior Pontiac-GMC, Inc.

352 So. 2d 576, 22 U.C.C. Rep. Serv. (West) 1213

District Court of Appeal of Florida | Filed: Dec 2, 1977 | Docket: 1757631

Cited 2 times | Published

Section 607.247, Florida Statutes (1975). [2] § 671.201(12), Fla. Stat. (1975).

Keane v. Pan American Bank

309 So. 2d 579, 16 U.C.C. Rep. Serv. (West) 1054

District Court of Appeal of Florida | Filed: Mar 19, 1975 | Docket: 1762662

Cited 2 times | Published

Stat. § 673.403 (1971). [2] See Fla. Stat. § 671.201(43) (1971). [3] "(3) Subject to the provisions

Hamilton County Bank v. Tuten

250 So. 2d 17, 9 U.C.C. Rep. Serv. (West) 511

District Court of Appeal of Florida | Filed: Jul 6, 1971 | Docket: 1521431

Cited 2 times | Published

"(1) A buyer in ordinary course of business (§ 671.201(9)) other than a person buying farm products from

Wells Fargo Bank v. Diz

253 So. 3d 705

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619131

Cited 1 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). A “bearer” is defined

FREDERICK SABIDO and JONELLE SABIDO v. THE BANK OF NEW YORK MELLON, ETC.

241 So. 3d 865

District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244889

Cited 1 times | Published

transferees were not entitled to enforce it as holders. § 671.201(21)(a), Fla. Stat. (2016). The Bank was then required

Kumar v. U.S. Bank, N.A.

225 So. 3d 888, 2017 Fla. App. LEXIS 9715, 2017 WL 2885555

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119610

Cited 1 times | Published

person in possession or indorsed in blank. See § 671.201(5), (21), Fla. Stat. (2009). “If the note does

Deutsche Bank National Trust Co. v. Applewhite

213 So. 3d 948, 2017 WL 1076936, 2017 Fla. App. LEXIS 3775

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 60263957

Cited 1 times | Published

identified person that is the person in possession.” § 671.201(21), Fla. Stat. (2015) (emphasis added). There

Luiz v. Lynx Asset Services, LLC

198 So. 3d 1102, 90 U.C.C. Rep. Serv. 2d (West) 665, 2016 Fla. App. LEXIS 12795, 2016 WL 4445941

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256400

Cited 1 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2015). While the note contained

Elsman v. HSBC BANK USA

182 So. 3d 770, 2015 Fla. App. LEXIS 19500, 2015 WL 9491875

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252816

Cited 1 times | Published

identified person that is th.e person in possession.” § 671.201(21), Fla. Stat. (2009). If an indorsement is made

St. Clair v. U.S. Bank National Association

173 So. 3d 1045, 2015 Fla. App. LEXIS 10840, 2015 WL 4379738

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 2679094

Cited 1 times | Published

is payable either to bearer or to the holder. § 671.201(21)(a), Fla. Stat. (2014). A person in possession

Donna Murray and Marc Murray v. HSBC Bank USA

157 So. 3d 355, 2015 Fla. App. LEXIS 725, 2015 WL 248651

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626285

Cited 1 times | Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). Thus, to be a holder

Rayfield Investment Co. v. Kreps

35 So. 3d 63, 72 U.C.C. Rep. Serv. 2d (West) 110, 2010 Fla. App. LEXIS 6149, 2010 WL 1779891

District Court of Appeal of Florida | Filed: May 5, 2010 | Docket: 1646157

Cited 1 times | Published

and "includes any interest of a consignor...." § 671.201(35), Fla. Stat. (2009). As for consignments, UCC

Jaffe v. Bank of America, N.A.

674 F. Supp. 2d 1360, 72 U.C.C. Rep. Serv. 2d (West) 618, 2009 U.S. Dist. LEXIS 119984, 2009 WL 4906676

District Court, S.D. Florida | Filed: Dec 16, 2009 | Docket: 2351469

Cited 1 times | Published

proceedings in which rights are determined." Fla. Stat. 671.201(1). Thus, BoA claims it is entitled to attorneys'

Bldg. Materials v. Presidential Financial

972 So. 2d 1090, 2008 WL 199883

District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 1160397

Cited 1 times | Published

With respect to notice to an organization, section 671.201(27), Florida Statutes (2002), provides as follows:

Sykes Corp. v. Eastern Metal Supply, Inc.

659 So. 2d 475, 27 U.C.C. Rep. Serv. 2d (West) 504, 1995 Fla. App. LEXIS 8870, 1995 WL 497263

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758373

Cited 1 times | Published

unauthorized endorsement includes a forgery. § 671.201(43), Fla.Stat. (1991). An unauthorized signature

Espirito Santo Bank of Florida v. Agronomics Finance Corp.

591 So. 2d 1078, 21 U.C.C. Rep. Serv. 2d (West) 1054, 1991 Fla. App. LEXIS 12888, 1991 WL 276886

District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 64664432

Cited 1 times | Published

be gleaned from other sections of the Code. Section 671.201(19), under “General Definitions and Principles

AUTOMATIC TRUCK & TRAIL. W. CTRS., INC. v. Eastamp, Inc.

320 So. 2d 7, 17 U.C.C. Rep. Serv. (West) 1282

District Court of Appeal of Florida | Filed: Oct 15, 1975 | Docket: 1733763

Cited 1 times | Published

without qualification; and a creditor is defined in § 671.201, F.S. 1973, the general definition section of

The Bank of New York Mellon, Etc. v. Remonde Lopez and Samuel Lopez

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651319

Published

person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). “Thus, to be

JENNIFER ROLLER, ANDREA SOULE, AND KATHLEEN DOUD, AS BENEFICIARIES OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990 vs JUDITH R. COLLINS AND CYPRESS TRUST COMPANY, AS SUCCESSOR TRUSTEE OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990

District Court of Appeal of Florida | Filed: Oct 20, 2023 | Docket: 68034102

Published

“person” or “a party” as a trust. However, section 671.201, Florida Statutes (2021), contains general

SANTANA EQUESTRIAN PRIVATE FINANCIAL, LLC v. TIFFANY RICHTMYER

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346514

Published

seller’s own usual or customary practices. § 671.201(9), Fla. Stat. (2020). As explained in Carlsen

GREGORY MIRMELLI v. HARVEY SILVERMAN, etc.

District Court of Appeal of Florida | Filed: Aug 24, 2022 | Docket: 64916763

Published

nevertheless is entitled to enforce the note”); § 671.201(21)(a), Fla. Stat. (2017) (“‘Holder’ means .

UNITED AUTOMOBILE INSURANCE COMPANY v. RIVERO DIAGNOSTIC CENTER, INC., A/A/O CARLOS BACALLAO

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290972

Published

marks that call attention to the language. § 671.201(10), Florida Statutes (2008) (emphasis added)

CERTIFIED PRIORITY RESTORATION A/A/O CHERYL COAKLEY v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199099

Published

which it is to operate ought to have noticed it.” § 671.201(10), Fla. Stat. (2017). Conspicuous terms include:

DEUTSCHE BANK NATIONAL TRUST, ETC. v. FLEMING HARRIS

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436372

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2019). “[I]f an instrument

BANK OF NEW YORK, etc. v. ANDREW CALLOWAY

District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350913

Published

possession.’” Caraccia, 185 So. 3d at 1279 (quoting § 671.201(21)(a), Fla. Stat. (2013)). Here, Bank of

CATHERINE P. COX v. U.S. BANK, TRUST N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST

District Court of Appeal of Florida | Filed: Mar 11, 2020 | Docket: 16955847

Published

person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2015). Thus, a plaintiff

THE ALLEGRO AT BOYNTON BEACH, LLC v. C. BRUCE PEARSON and OLSON LAND PARTNERS, LLC

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523242

Published

“delivery” is the “voluntary transfer of possession.” § 671.201(15), Fla. Stat. (2018). The production of the

CLAUDINE M. STACKNIK v. U. S. BANK NATIONAL ASSOCIATION

District Court of Appeal of Florida | Filed: Nov 15, 2019 | Docket: 16472143

Published

note as a holder, as that term is defined in section 671.201(21)(a), Florida Statutes (2013). While our

Hanna v. PennyMac Holdings, LLC

270 So. 3d 403

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713158

Published

enforce an instrument, and that pursuant to section 671.201(21)(a), Florida Statutes, a "holder" is a "person

Hanna v. PennyMac Holdings, LLC

270 So. 3d 403

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713159

Published

enforce an instrument, and that pursuant to section 671.201(21)(a), Florida Statutes, a "holder" is a "person

NERMINE HANNA v. PENNYMAC HOLDINGS, LLC and PATRICIA T. CONNOR

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809067

Published

enforce an instrument, and that pursuant to section 671.201(21)(a), Florida Statutes, a “holder” is a “person

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v. WILLIAM F. NOLL, I I I

261 So. 3d 656

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8110449

Published

to an identified person who is in possession. § 671.201(21)(a), Fla. Stat. (2016). Lack

PMT NPL Financing v. Centurion Systems

257 So. 3d 516

District Court of Appeal of Florida | Filed: Aug 20, 2018 | Docket: 7784429

Published

allonge attached to the complaint.”). See generally § 671.201(21)(a), Fla. Stat. (2017) (defining “holder”

NATIONSTAR MORTGAGE, LLC, AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK, N. A. v. STEPHEN JOHNSON

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 7320152

Published

at that time as the holder of the note. See § 671.201(21)(a), Fla. Stat. (2016) (defining "holder"

Nationstar Mortg., LLC v. Johnson

250 So. 3d 808

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 64684273

Published

foreclose at that time as the holder of the note. See § 671.201(21)(a), Fla. Stat. (2016) (defining "holder" as

Bank of New York v. Burgiel

248 So. 3d 237

District Court of Appeal of Florida | Filed: May 21, 2018 | Docket: 7000940

Published

person that is the person in possession.” Id. § 671.201(21)(a). In this case, Bank’s complaint

Green v. Green Tree Servicing, LLC

230 So. 3d 989

District Court of Appeal of Florida | Filed: Dec 1, 2017 | Docket: 6238231

Published

payable to the original lender, CHL, Inc. Cf. § 671.201(21), Fla. Stat. (2015) (defining “holder” as “[t]he

HSBC BANK USA, NATIONAL ASSOC., ETC. v. JAMES HESS a/k/a JAMES H. HESS

228 So. 3d 143, 2017 WL 4679601

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171812

Published

identified person.that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2016). , In cases where

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. EHUD RAFAELI, LIZABETH RAFAELI

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122341

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2015). Here, the note owner’s

Houk v. PennyMac Corp.

210 So. 3d 726, 2017 WL 535437, 2017 Fla. App. LEXIS 1659

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4583387

Published

person that is the person in possession. ...” § 671.201(21)(a), Fla. Stat. (2012). "To hold a note under

Powers v. HSBC Bank USA, N.A.

202 So. 3d 121, 2016 Fla. App. LEXIS 15241

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4479202

Published

is payable either to bearer or to the holder. § 671.201(21)(a), Fla. Stat. (2014). A person in possession

Deutsche Bank National Trust Company v. Hagstrom

203 So. 3d 918, 2016 Fla. App. LEXIS 11054

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4112457

Published

statutory definition of the holder of the note. Section 671.201, Florida Statutes (2011), defines “holder”

Robert T. Frost a/k/a Robert Frost v. Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, etc.

193 So. 3d 1092, 2016 Fla. App. LEXIS 9596, 2016 WL 3419300

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081245

Published

identified person that is the person in possession.” § 671,201(21)(a), Fla. Stat. (2009). “Thus, to be a holder

Vicoria S. Magaldi v. Deutsche Bank National Trust Company

199 So. 3d 982, 2016 Fla. App. LEXIS 9258, 2016 WL 3268351

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078545

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). Thus, to be a holder

Ottoniel Cruz and Luz M. Cruz v. JP Morgan Chase Bank, National Association, etc.

199 So. 3d 992, 2016 Fla. App. LEXIS 9272, 2016 WL 3342651

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078548

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2014).

In re Elowitz

550 B.R. 603, 75 Collier Bankr. Cas. 2d 1237, 26 Fla. L. Weekly Fed. B 205, 89 U.C.C. Rep. Serv. 2d (West) 823, 2016 Bankr. LEXIS 2206

United States Bankruptcy Court, S.D. Florida. | Filed: May 17, 2016 | Docket: 65788662

Published

that is the person in possession.” Fla. Stat. § 671.201(21).12 It is well-established that “[a] plaintiff

Alwyn York McConnell v. JPMorgan Chase

190 So. 3d 264, 2016 WL 2745295, 2016 Fla. App. LEXIS 7195

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071447

Published

identified person that is the person in possession!.]” § 671.201(21)(a), Fla. Stat. (2010). 1 The person

Federal National Mortgage Association v. McFadyen

194 So. 3d 418, 89 U.C.C. Rep. Serv. 2d (West) 652, 2016 WL 1658773, 2016 Fla. App. LEXIS 6351

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058480

Published

possession of the document itself. See § 671.201(21)(a), Fla. Stat. (2008) (“ ‘Holder’ means: The

Deutsche Bank National Trust Co. v. Alaqua Property

190 So. 3d 662, 2016 Fla. App. LEXIS 6147, 2016 WL 1600421

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3061473

Published

person that is the person in possession ...” § 671.201(21)(a), Fla. Stat. (2014); see also Deutsche

Carlos M. Rivera and Yanira J. Pena Santiago v. Wells Fargo Bank, N.A., Mortgage Electronic Registration Systems Incorporated as Nominee for FDIC as Receiver for Amtrust Bank, Shaughnessy Village Homeowners Association, Inc., and Olympia Master Association, Inc.

189 So. 3d 323, 2016 WL 1579076, 2016 Fla. App. LEXIS 5999

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055582

Published

bank is the e-note’s holder, as defined in section 671.201(21), Florida Statutes (2010), and has the same

Rincon v. HSBC Bank USA, National Ass'n

196 So. 3d 417, 2016 WL 1465695, 2016 Fla. App. LEXIS 5760

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 60256093

Published

holder of a note has standing to foreclose. Section 671.201(21), Florida Statutes (2012), defines “holder”

Ottoniel Cruz and Luz M. Cruz v. JP Morgan Chase Bank, National Association

District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 3046941

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2014).

Phan v. Deutsche Bank National Trust Company

198 So. 3d 744, 88 U.C.C. Rep. Serv. 2d (West) 1306, 2016 Fla. App. LEXIS 2841, 2016 WL 746400

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039676

Published

connotes possession of the document itself. See § 671.201(21)(a), Fla. Stat. (2008) (“ ‘Holder’ means: The

Rincon v. HSBC Bank

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3045493

Published

section 673.3091, Florida Statutes (2012). Section 671.201(21), Florida Statues (2012), defines "holder"

Diego Cartwright v. LJL Mortgage Pool, LLC, Rachel Y. Young a/k/a Rachel Young a/k/a Rachael Young, Roderick Young, Jeniffer Young-Campbell and Amber Lake Homeowners' Association, Inc.

185 So. 3d 614, 2016 Fla. App. LEXIS 1438, 2016 WL 404074

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033859

Published

identified person that is the person in possession.’.’ § 671.201(21)(a), Fla. Stat. (2009). As a substituted

Morris v. Deutsche Bank National Trust Co.

182 So. 3d 680, 2015 Fla. App. LEXIS 18409, 2015 WL 8316579

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019347

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2011). “When a plaintiff

Gonzalez v. BAC Home Loans Servicing, L.P.

180 So. 3d 1106, 2015 Fla. App. LEXIS 18133, 2015 WL 7781746

District Court of Appeal of Florida | Filed: Dec 4, 2015 | Docket: 60252292

Published

identified person that is the person in possession -” § 671.201(21)(a), Fla. Stat. (2009). Therefore, GreenTree

Mario A. Rodriguez and Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a America's Servicing Company

178 So. 3d 62, 2015 Fla. App. LEXIS 15239, 2015 WL 5948169

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919777

Published

identified person that is the person in , possession,” § 671.201(21)(a), Fla. Stat. (2010) (emphasis added). Thus

George L. Kenney a/k/a George Kenney v. HSBC USA, National Association, Susie N. Kenney a/k/a Susie Kenney, Sea Oaks Property Owners Association, Inc., Sea Oaks of Juno Beach Condominium Two Association, Mortgage Electronic Registration Systems, Inc.

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851145

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). “A plaintiff who

Assil v. Aurora Loan Services, LLC

171 So. 3d 226, 2015 Fla. App. LEXIS 11965, 2015 WL 4747196

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 60249701

Published

identified person that is. the person in possession.” § 671.201(21)(a), Fla. Stat. (2008). “If the note does not

Sarit J. Assil n/k/a Sarit Levy v. Aurora Loan Services, LLC, Soheil Assil, etc., Victoria Grove Homeowners Associaton, Inc., John Doe and Jane Doe, etc.

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683565

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2008). “If the note does not

Gary S. Snyder and Jane Snyder v. JP Morgan Chase Bank

169 So. 3d 1270, 2015 Fla. App. LEXIS 11413, 2015 WL 4549529

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679171

Published

identified person that is the person in possession^]” § 671.201(21)(a), Fla. Stat. (2009). In other words, the

Taoufiq Seffar v. Residential Credit Solutions, Inc.

160 So. 3d 122, 2015 Fla. App. LEXIS 4270, 2015 WL 1334288

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679429

Published

identified person that is the person in possession.” § 671.201(21)(a), Fla. Stat. (2013). Thus, to be a holder

Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLC

155 So. 3d 1199, 2015 Fla. App. LEXIS 184, 2015 WL 71828

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621560

Published

instrument.4 Also relevant to the analysis is section 671.201(21), Florida Statutes (2013), which defines

Olivera v. Bank of America, N.A.

141 So. 3d 770, 2014 WL 3377081, 2014 Fla. App. LEXIS 10610

District Court of Appeal of Florida | Filed: Jul 11, 2014 | Docket: 379212

Published

possession of the note. 2 See § 671.201(21)(a), Fla. Stat. (2009) (“ ‘Holder’ means .

Wane v. Loan Corp.

926 F. Supp. 2d 1312, 2013 WL 672574, 2013 U.S. Dist. LEXIS 25245

District Court, M.D. Florida | Filed: Feb 23, 2013 | Docket: 65989095

Published

holder of the note pursuant to Florida Statute § 671.201(21); and (17) unclean hands. (Doc. # 70). Bank

Henderson v. Litton Loan Servicing, LP

92 So. 3d 301, 2012 WL 2913159, 2012 Fla. App. LEXIS 11669

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310211

Published

bearer or to an identified person in possession. § 671.201(21)(a), Fla. Stat. “Bearer” means “a person in

Musselman v. Deutsche Bank Trust Co. Americas (In re Balderrama)

473 B.R. 823, 23 Fla. L. Weekly Fed. B 380, 2012 WL 1893634, 2012 Bankr. LEXIS 2350

United States Bankruptcy Court, M.D. Florida | Filed: May 16, 2012 | Docket: 65784010

Published

622 (Fla.Dist.Ct.App. 5th 2010). . Fla. Stat. § 671.201(21). . “Bearer means a person ... in possession

In Re Allied Printing, Inc.

344 B.R. 153, 19 Fla. L. Weekly Fed. B 175, 2005 Bankr. LEXIS 2853, 2005 WL 3947958

United States Bankruptcy Court, M.D. Florida | Filed: Dec 9, 2005 | Docket: 1430029

Published

by the facts of each case in accordance with § 671.201(37) of the Florida Statutes which provides as

In Re Aquamarine USA, Inc.

330 B.R. 280, 58 U.C.C. Rep. Serv. 2d (West) 647, 2005 Bankr. LEXIS 1730, 45 Bankr. Ct. Dec. (CRR) 99

United States Bankruptcy Court, M.D. Florida | Filed: Sep 9, 2005 | Docket: 1847045

Published

reason to know that it exists. FLA. STAT. ANN. § 671.201(25) (West 2004). SunTrust claims it was not advised

First Bank of Immokalee v. Fwcc

745 So. 2d 994

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1294716

Published

notice of dishonor" by the midnight deadline. Section 671.201, Florida Statutes (1993), contains the general

State Environ. Reg. v. Ctl Distribution

715 So. 2d 262, 1998 WL 75058

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 1365946

Published

acknowledge the buyer's receipt of the product. See section 671.201(6), Florida Statutes (1995). Among other things

Feltman v. BankAtlantic (In re Allied Respiratory Care Services, Inc.)

182 B.R. 589, 26 U.C.C. Rep. Serv. 2d (West) 901, 9 Fla. L. Weekly Fed. B 18, 1995 Bankr. LEXIS 747

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 18, 1995 | Docket: 65781067

Published

in the form of money, which is defined at section 671.201(24) of the Florida Statutes,3 as “a medium

Grant v. Southtrust Bank of Northwest Florida

605 So. 2d 171, 18 U.C.C. Rep. Serv. 2d (West) 985, 1992 Fla. App. LEXIS 9995, 1992 WL 227869

District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 64669994

Published

throughout this chapter.” Pertinent to this case is Section 671.201(26), Florida Statutes (1991) (U.C.C. § 1-201)

Securities & Exchange Commission v. Elliott

953 F.2d 1560, 18 U.C.C. Rep. Serv. 2d (West) 588, 1992 U.S. App. LEXIS 2691, 1992 WL 22976

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 1992 | Docket: 66270286

Published

creating an interest in property.” Fla.Stat. § 671.201(31) and (32). Thus, pursuant to their agreements

Empire of America Federal Savings Bank v. Brady

776 F. Supp. 1571, 17 U.C.C. Rep. Serv. 2d (West) 1191, 1991 U.S. Dist. LEXIS 15963, 1991 WL 230487

District Court, S.D. Florida | Filed: Nov 4, 1991 | Docket: 65975890

Published

had “inferable knowledge” under Florida Statute § 671.-201(25)4 that BRADY intended to sign the notes as

Bruno v. Fleet Credit Corp.

564 So. 2d 599, 12 U.C.C. Rep. Serv. 2d (West) 807, 1990 Fla. App. LEXIS 5434, 1990 WL 105516

District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 64651881

Published

a true lease and not a secured creditor. See § 671.201(37), Fla. Stat. (1985). In addition to these agreements

Key Capital Corp. v. Keen

535 So. 2d 345, 13 Fla. L. Weekly 2739, 1988 Fla. App. LEXIS 5563, 1988 WL 133930

District Court of Appeal of Florida | Filed: Dec 16, 1988 | Docket: 64639187

Published

determined by the facts of each case....” Section 671.201(37), Fla. Stat. (1985). The disputed motor

Richter v. United States

663 F. Supp. 68, 4 U.C.C. Rep. Serv. 2d (West) 722, 1987 U.S. Dist. LEXIS 13731

District Court, S.D. Florida | Filed: Jun 22, 1987 | Docket: 66172160

Published

selling goods of that kind....” Fla.Stat.Ann. § 671.201(9) (West Supp. 1987). “Good faith” is defined

Fowler, White, Burnett, Hurly, Banick & Strickfoot, P.A. v. Ricciardelli (In re G.O. Harris Financial Corp.)

51 B.R. 100, 41 U.C.C. Rep. Serv. (West) 1810, 1985 Bankr. LEXIS 5748

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 12, 1985 | Docket: 65778939

Published

se*104cures payment or performance of an obligation”. § 671.201(37), Fla.Stats. Thus, “a security interest has

State v. Haas

433 So. 2d 1343, 1983 Fla. App. LEXIS 20846

District Court of Appeal of Florida | Filed: Jul 7, 1983 | Docket: 64598073

Published

Black’s Law Dictionary 345 (5th ed. 1979). See also § 671.201(24), Fla.Stat. (1981).

Stevens v. Beck (In re Dickey)

19 B.R. 489, 1982 Bankr. LEXIS 4310

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 15, 1982 | Docket: 65778146

Published

logical construction. Pursuant to Florida Statutes § 671.-201(32) and (33), “Purchase” is defined to include

Borg-Warner Acceptance Corp. v. Atlantic Bank of West Orlando

364 So. 2d 35, 25 U.C.C. Rep. Serv. (West) 1451, 1978 Fla. App. LEXIS 16474

District Court of Appeal of Florida | Filed: Oct 18, 1978 | Docket: 64566981

Published

sold to a good faith purchaser. We disagree. Section 671.201(9) defines a buyer in the ordinary course of