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Florida Statute 679.2031 - Full Text and Legal Analysis
Florida Statute 679.2031 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.2031 Case Law from Google Scholar Google Search for Amendments to 679.2031

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.2031
679.2031 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
(1) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(2) Except as otherwise provided in subsections (3)-(10), a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(a) Value has been given;
(b) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and
(c) One of the following conditions is met:
1. The debtor has signed a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
2. The collateral is not a certificated security and is in the possession of the secured party under s. 679.3131 pursuant to the debtor’s security agreement;
3. The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under s. 678.3011 pursuant to the debtor’s security agreement;
4. The collateral is controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights, and the secured party has control under s. 669.105, s. 677.106, s. 679.1041, s. 679.1051, s. 679.1061, or s. 679.1071 pursuant to the debtor’s security agreement; or
5. The collateral is chattel paper and the secured party has possession and control under s. 679.3152 pursuant to the debtor’s security agreement.
(3) Subsection (2) is subject to s. 674.2101 on the security interest of a collecting bank, s. 675.118 on the security interest of a letter-of-credit issuer or nominated person, s. 679.1101 on a security interest arising under chapter 672 or chapter 680, and s. 679.2061 on security interests in investment property.
(4) A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this chapter or by contract:
(a) The security agreement becomes effective to create a security interest in the person’s property; or
(b) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
(5) If a new debtor becomes bound as debtor by a security agreement entered into by another person:
(a) The agreement satisfies paragraph (2)(c) with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
(b) Another agreement is not necessary to make a security interest in the property enforceable.
(6) The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by s. 679.3151 and is also attachment of a security interest in a supporting obligation for the collateral.
(7) The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
(8) The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
(9) The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.
(10) A security interest in an account consisting of a right to payment of a monetary obligation for the sale of real property that is the debtor’s homestead under the laws of this state is not enforceable unless:
(a) The description of the account in the security agreement conspicuously states that the collateral includes the debtor’s right to payment of a monetary obligation for the sale of real property;
(b) The description of the account in the security agreement includes a legal description of the real property;
(c) The description of the account in the security agreement conspicuously states that the real property is the debtor’s homestead; and
(d) The security agreement is also signed by the debtor’s spouse, if the debtor is married; if the debtor’s spouse is incompetent, then the method of signature by the debtor’s spouse is the same as provided by the laws of this state, other than this chapter, which apply to the alienation or encumbrance of homestead property by an incompetent person.
History.s. 2, ch. 2001-198; s. 3, ch. 2002-242; s. 59, ch. 2010-131; s. 75, ch. 2025-92.

F.S. 679.2031 on Google Scholar

F.S. 679.2031 on CourtListener

Amendments to 679.2031


Annotations, Discussions, Cases:

Cases Citing Statute 679.2031

Total Results: 10

In Re John's Bean Farm of Homestead, Inc.

378 B.R. 385, 64 U.C.C. Rep. Serv. 2d (West) 454, 21 Fla. L. Weekly Fed. B 117, 2007 Bankr. LEXIS 3817, 49 Bankr. Ct. Dec. (CRR) 44

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 1, 2007 | Docket: 1846120

Cited 9 times | Published

cannot attach until the loan is funded. Fla. Stat. § 679.2031(2)(a). [6] In fact, even if a financing statement

In Re Summit Staffing Polk County, Inc.

305 B.R. 347, 17 Fla. L. Weekly Fed. B 74, 2003 Bankr. LEXIS 1911, 2003 WL 23273254

United States Bankruptcy Court, M.D. Florida | Filed: Oct 15, 2003 | Docket: 1081774

Cited 6 times | Published

of the sole proprietorship. Florida Statutes § 679.2031(4)(b) provides that, in certain circumstances

Brown v. Master Financial, Inc. (In Re Brown)

311 B.R. 282, 17 Fla. L. Weekly Fed. B 215, 2004 Bankr. LEXIS 904, 2004 WL 1490312

United States Bankruptcy Court, M.D. Florida | Filed: Feb 3, 2004 | Docket: 1847912

Cited 3 times | Published

a security interest in an escrow account. Section 679.2031 of the Florida Statutes sets forth the process

Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc.

33 So. 3d 690, 71 U.C.C. Rep. Serv. 2d (West) 182, 2009 Fla. App. LEXIS 18426, 2009 WL 4282939

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1648901

Cited 1 times | Published

that provides a description of the collateral." § 679.2031(2)(c)1., Fla. Stat. (2008). Section 679.1081

Sunz Insurance Company v. U.S. Treasury Department, Internal Revenue Service

Court of Appeals for the Eleventh Circuit | Filed: Jan 8, 2025 | Docket: 67709060

Published

Argued: Aug 18, 2023

description of the col- lateral.” Fla. Stat. § 679.2031(2)(c). A general description of the type

Echo River Sanctuary, LLC f/k/a TSE Plantation, LLC v. 21st Mortgage Corp., Meri L. Harrell Curtis R. Harrell

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346490

Published

loaned them the money to buy the mobile home. See § 679.2031(1), Fla. Stat. (a creditor’s security interest

In re Tuscany Energy, LLC

561 B.R. 910, 2016 Bankr. LEXIS 4546, 63 Bankr. Ct. Dec. (CRR) 155

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 30, 2016 | Docket: 65789372

Published

944 (Bankr. N.D. Ill. 1988). Florida Statutes § 679.2031 provides, in relevant part, as follows: (1) A

HSBC Bank USA, N.A. v. Rolando Perez, Juan G. Guerra, Esperanza Medina, LaSalle, Bank, N.A., and U.S. Bank, N.A.

165 So. 3d 696, 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679361

Published

incident to the debt....” Id. Under section 679.2031(1), Florida Statutes (2008), a security interest

Bender v. James (In re Hintze)

525 B.R. 780

United States Bankruptcy Court, N.D. Florida | Filed: Feb 11, 2015 | Docket: 65787231

Published

governing law. Statutory Analysis Under Section 679.2031 of Florida’s Uniform Commercial Code (“UCC”)

In Re Royal West Properties, Inc.

441 B.R. 158, 22 Fla. L. Weekly Fed. B 637, 2010 Bankr. LEXIS 4902, 54 Bankr. Ct. Dec. (CRR) 44

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 29, 2010 | Docket: 2056855

Published

a mortgage on real property under Fla. Stat. § 679.2031 and perfection of that interest under Fla. Stat