679.3181

No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

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679.3181 No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.—

(1) A debtor who has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold.

(2) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor who has sold an account or chattel paper, while the buyer’s security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.

History.—s. 3, ch. 2001-198.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Official Committee of Unsecured Creditors v. EBF Partners, LLC

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Official Committee of Unsecured Creditors v. EBF Partners, LLC (2019) nebraskab “Fla. Stat. Ann. § 679.3181 (2) (West) (“For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor who has sold an account or chattel paper, while the buyer’s security interest is unperfected, -8- the debtor is…”

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