Florida Statute 679.610 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.610

679.610 Disposition of collateral after default.—

(1) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.

(2) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.

(3) A secured party may purchase collateral:

(a) At a public disposition; or

(b) At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.

(4) A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.

(5) A secured party may disclaim or modify warranties under subsection (4):

(a) In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or

(b) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.

(6) A record is sufficient to disclaim warranties under subsection (5) if it indicates that “there is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition” or uses words of similar import.

History.—s. 7, ch. 2001-198.

F.S. 679.610 on Google Scholar

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Amendments to 679.610

Arrestable Offenses / Crimes under Fla. Stat. 679.610

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.610.

Annotations, Discussions, Cases:

Cases Citing Statute 679.610

Total Results: 7

WILLIAM A. HOHNS, MARCELLUS RAMBO BENSON, JR., KATHLENE HOHNS, JORDAN J. REARDON, PATRICK HOHNS, AND MARK F. BERNARD vs JOE LEE THOMPSON

Court: District Court of Appeal of Florida | Date Filed: 2022-10-14

Snippet: ” § 679.609(1)(a), (2)(b), Fla. Stat. Section 679.610 then provides for the disposition of collateral

ENVIROPOWER RENEWABLE INC. v. WILLIAM RITGER

Court: District Court of Appeal of Florida | Date Filed: 2021-12-29

Snippet: commercially reasonable as required by section 679.610, Florida Statutes (2021). After a hearing, the

Ford Motor Credit Company LLC v. Thomas Arwine

Court: District Court of Appeal of Florida | Date Filed: 2019-08-14

Snippet: be done in a commercially reasonable manner. § 679.610(2), Fla. Stat. Disposition of collateral is commercially

Spellman v. Independent Bankers' Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-08-08

Citation: 161 So. 3d 505, 84 U.C.C. Rep. Serv. 2d (West) 333, 2014 Fla. App. LEXIS 12143, 2014 WL 3871264

Snippet: “otherwise disposed” of the Shares under section 679.610, Florida Statutes (2009), when it transferred the

Velazquez v. South Florida Federal Credit Union

Court: District Court of Appeal of Florida | Date Filed: 2012-04-18

Citation: 89 So. 3d 952, 2012 WL 1316178, 2012 Fla. App. LEXIS 5926

Snippet: at any time after default. Sections 679.609 and 679.610, Florida Statutes (2010), also authorized the repossession

Southern Developers & Earthmoving, Inc. v. Caterpillar Financial Services Corp.

Court: District Court of Appeal of Florida | Date Filed: 2011-02-23

Citation: 56 So. 3d 56, 2011 Fla. App. LEXIS 2216, 2011 WL 637332

Snippet: commercially reasonable preparation or processing.” § 679.610(1). However, if the secured party wishes to preserve

Burley v. Gelco Corp.

Court: District Court of Appeal of Florida | Date Filed: 2008-02-29

Citation: 976 So. 2d 97, 2008 WL 534816

Snippet: dispose of any or all of the collateral. . . ." § 679.610(1), Fla. Stat. (2005). However, the secured party's