679.610
Disposition of collateral after default.
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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.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 2003–2025 · leading case: Textron Financial Corp. v. Lentine Marine Inc.
Textron Financial Corp. v. Lentine Marine Inc. (2009)
“” § 679.610(1), Fla. Stat. “Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.”
Spellman v. Independent Bankers' Bank of Florida (2014)
“2 *507 In its rehearing motion, SIT argued that summary judgment was not proper because IBBF “otherwise disposed” of the Shares under section 679.610, Florida Statutes (2009), when it transferred the Shares to its subsidiary, and IBBF was thus required to prove there was a…”
Williams v. Delray Auto Mall, Inc. (2013)
“Fla. Stat. § 679.610 (2). This includes a reasonable method, manner, time, and place of the sale.”
Burley v. Gelco Corp. (2008)
“" § 679.610(1), Fla. Stat. (2005). However, the secured party's sale of the collateral must be made in a "commercially reasonable" manner.”
Southern Developers & Earthmoving, Inc. v. Caterpillar Financial Services Corp. (2011)
“” § 679.610(1). However, if the secured party wishes to preserve its right to seek a deficiency judgment, the secured party is not at liberty to dispose of the repossessed collateral in any manner it wants.”
Opacmare USA, LLC v. Lazzara Custom Yachts, LLC (2018)
“While acknowledging that ReVal, either through ReVal NPL or ReVal Properties, foreclosed upon and took ownership of the LAZZARA Mark through a UCC private sale, Opacmare argues that ReVal NPL, as the secured party, improperly purchased the collateral at a private disposition in…”
In Re Menasche (2003)
“504 has been replaced by Fla. Stat. §§ 679.610 , 679.611, 679.615, 679.”
Comerica Bank v. Mann (2013)
“” Fla. Stat. Ann. § 679.610 (1). “However, if the secured party wishes to preserve its right to seek a deficiency judgment, the secured party is not at liberty to dispose of the repossessed collateral in any manner it wants.”
Ford Motor Credit Company LLC v. Thomas Arwine (2019)
“§ 679.610(2), Fla. Stat. Disposition of collateral is commercially reasonable if it is made in the usual manner in a recognized market, made at the price current in any recognized market at the time of the disposition, or otherwise in conformity with reasonable practices among…”
ENVIROPOWER RENEWABLE INC. v. WILLIAM RITGER (2021)
“Before the certificate of title was issued, Enviropower objected, arguing the sale was not commercially reasonable as required by section 679.610, Florida Statutes (2021).”
Credit Acceptance Corporation v. Hale (2025)
“Under section 679.610(2), Florida Statutes, disposition of collateral assets must be done in a commercially reasonable manner.”
WILLIAM A. HOHNS, MARCELLUS RAMBO BENSON, JR., KATHLENE HOHNS, JORDAN J. REARDON, PATRICK HOHNS, AND MARK F. BERNARD vs (2022)
“Section 679.610 then provides for the disposition of collateral after default, providing a party “may” sell, lease, license, or otherwise dispose of the collateral.”
— 679.610(1) — 5 cases
Textron Financial Corp. v. Lentine Marine Inc. (2009)
“” § 679.610(1), Fla. Stat. “Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.”
Burley v. Gelco Corp. (2008)
“" § 679.610(1), Fla. Stat. (2005). However, the secured party's sale of the collateral must be made in a "commercially reasonable" manner.”
Southern Developers & Earthmoving, Inc. v. Caterpillar Financial Services Corp. (2011)
“” § 679.610(1). However, if the secured party wishes to preserve its right to seek a deficiency judgment, the secured party is not at liberty to dispose of the repossessed collateral in any manner it wants.”
Spellman v. Independent Bankers' Bank of Florida (2014)
“2 *507 In its rehearing motion, SIT argued that summary judgment was not proper because IBBF “otherwise disposed” of the Shares under section 679.610, Florida Statutes (2009), when it transferred the Shares to its subsidiary, and IBBF was thus required to prove there was a…”
ENVIROPOWER RENEWABLE INC. v. WILLIAM RITGER (2021)
“Before the certificate of title was issued, Enviropower objected, arguing the sale was not commercially reasonable as required by section 679.610, Florida Statutes (2021).”
— 679.610(2) — 5 cases
Textron Financial Corp. v. Lentine Marine Inc. (2009)
“” § 679.610(1), Fla. Stat. “Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.”
Burley v. Gelco Corp. (2008)
“" § 679.610(1), Fla. Stat. (2005). However, the secured party's sale of the collateral must be made in a "commercially reasonable" manner.”
Southern Developers & Earthmoving, Inc. v. Caterpillar Financial Services Corp. (2011)
“” § 679.610(1). However, if the secured party wishes to preserve its right to seek a deficiency judgment, the secured party is not at liberty to dispose of the repossessed collateral in any manner it wants.”
Ford Motor Credit Company LLC v. Thomas Arwine (2019)
“§ 679.610(2), Fla. Stat. Disposition of collateral is commercially reasonable if it is made in the usual manner in a recognized market, made at the price current in any recognized market at the time of the disposition, or otherwise in conformity with reasonable practices among…”
Credit Acceptance Corporation v. Hale (2025)
“Under section 679.610(2), Florida Statutes, disposition of collateral assets must be done in a commercially reasonable manner.”
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