Florida Statutes
Fla. Stat. § 679.601 (2025)
Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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679.601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.—
(1) After default, a secured party has the rights provided in this part and, except as otherwise provided in s. 679.602, those provided by agreement of the parties. A secured party:
(a) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(b) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(2) A secured party in possession of collateral or control of collateral under s. 679.1041, s. 679.1051, s. 679.1052, s. 679.1053, s. 679.1061, or s. 679.1071 has the rights and duties provided in s. 679.2071.
(3) The rights under subsections (1) and (2) are cumulative and may be exercised simultaneously.
(4) Except as otherwise provided in subsection (7) and s. 679.605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(5) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(a) The date of perfection of the security interest or agricultural lien in the collateral;
(b) The date of filing a financing statement covering the collateral; or
(c) Any date specified in a statute under which the agricultural lien was created.
(6) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.
(7) Except as otherwise provided in s. 679.607(3), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2007–2026 · leading case: Muro v. Hermanos Auto Wholesalers, Inc., 514 F. Supp. 2d 1343 (S.D. Fla. 2007).
Muro v. Hermanos Auto Wholesalers, Inc., 514 F. Supp. 2d 1343 (S.D. Fla. 2007). “and Count II for violation of Article IX of Florida’s version of the Uniform Commercial Code (“UCC”), § 679.601 Fla. Stat. et seq. 1 Plaintiffs Complaint arises from the purchase, and subsequent repossession, of a used car from Defendant, a used car dealership.”
Spellman v. Indep. Bankers' Bank of Florida, 161 So. 3d 505 (Fla. 5th DCA 2014). “§ 679.601(3), Fla. Stat. (2009). These provisions allow a secured creditor to repossess collateral while concurrently suing to enforce a debt.”
Beach Cmty. Bank v. Disposal Servs., LLC, 199 So. 3d 1132 (Fla. 1st DCA 2016). “The court rejected the trustee’s argument, interpreting section 679.601, Florida Statutes, as neither dictating nor proscribing the election of a particular remedy.”
Dione Morris v. Sheehan Buick Pontiac GMC, Inc., 517 F. App'x 686 (11th Cir. 2013). “§ 1691 , claim? (3) Whether the district court properly granted summary judgment as to Morris’s Florida Uniform Commercial Code, Fla. Stat. § 679.601 , claim? (4) Whether the district court properly granted summary judgment as to Morris’s constitutional challenge? “We review de…”
Howard & Assocs. Attorneys at Law, P.A. & Timothy Howard v. Providence Capital Holdings, LLC (Fla. 4th DCA 2020). “” Part of Florida’s UCC, section 679.601(1)(a), Florida Statutes (2019), generally describes a secured party’s options under the Code after a default by the debtor: (1) After default, a secured party has the rights provided in this part and, except as provided in section 679.”
Byrd v. Hyundai Motor Fin. (M.D. Fla. 2023). “21), in which Defendant Howes joins (Doc. 27).”
Ubank v. Forensic Stat Lab'y Inc., Madhukar Sharma, & Giancarlo Gasparini (S.D. Fla. 2026). “Fla. Stat. § 679.601 (1)(a). To be entitled to judicial foreclosure, the plaintiff must show that it is the holder of a security interest in the collateral and that it is the holder of the note that is secured by such interest.”
— 679.601(1)(a) — 1 case
Howard & Assocs. Attorneys at Law, P.A. & Timothy Howard v. Providence Capital Holdings, LLC (Fla. 4th DCA 2020). “” Part of Florida’s UCC, section 679.601(1)(a), Florida Statutes (2019), generally describes a secured party’s options under the Code after a default by the debtor: (1) After default, a secured party has the rights provided in this part and, except as provided in section 679.”
— 679.601(3) — 1 case
Spellman v. Indep. Bankers' Bank of Florida, 161 So. 3d 505 (Fla. 5th DCA 2014). “§ 679.601(3), Fla. Stat. (2009). These provisions allow a secured creditor to repossess collateral while concurrently suing to enforce a debt.”
— 679.601(l)(a) — 1 case
Spellman v. Indep. Bankers' Bank of Florida, 161 So. 3d 505 (Fla. 5th DCA 2014). “§ 679.601(3), Fla. Stat. (2009). These provisions allow a secured creditor to repossess collateral while concurrently suing to enforce a debt.”
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