Florida Statute 679.610 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 679.610

Annotations, Discussions, Cases:

Cases Citing Statute 679.610

Total Results: 10

Textron Financial Corp. v. Lentine Marine Inc.

630 F. Supp. 2d 1352, 2009 U.S. Dist. LEXIS 33874, 2009 WL 1064839

District Court, S.D. Florida | Filed: Apr 20, 2009 | Docket: 2220175

Cited 6 times | Published

commercially reasonable preparation or processing." § 679.610(1), Fla. Stat. "Every aspect of a disposition

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

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

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 60298603

Cited 5 times | Published

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

Spellman v. Independent Bankers' Bank of Florida

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

District Court of Appeal of Florida | Filed: Aug 8, 2014 | Docket: 60247188

Cited 2 times | Published

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

Burley v. Gelco Corp.

976 So. 2d 97, 2008 WL 534816

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1680463

Cited 2 times | Published

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

Opacmare USA, LLC v. Lazzara Custom Yachts, LLC

314 F. Supp. 3d 1276

District Court, M.D. Florida | Filed: Feb 28, 2018 | Docket: 64319040

Cited 1 times | Published

9-610," which is codified in Florida Statutes section 679.610. (Doc. # 73-12). Effective November 7, 2014

In Re Menasche

301 B.R. 757, 51 Collier Bankr. Cas. 2d 428, 17 Fla. L. Weekly Fed. B 1, 52 U.C.C. Rep. Serv. 2d (West) 286, 2003 Bankr. LEXIS 1573

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 7, 2003 | Docket: 1666721

Cited 1 times | Published

entered into a contract for its disposition under § 679.610; or (c) Has accepted collateral in full or partial

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

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 66814476

Published

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

ENVIROPOWER RENEWABLE INC. v. WILLIAM RITGER

District Court of Appeal of Florida | Filed: Dec 29, 2021 | Docket: 61648312

Published

not commercially reasonable as required by section 679.610, Florida Statutes (2021). After a hearing

Ford Motor Credit Company LLC v. Thomas Arwine

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055045

Published

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

Williams v. Delray Auto Mall, Inc.

916 F. Supp. 2d 1294, 2013 WL 64616, 2013 U.S. Dist. LEXIS 3505

District Court, S.D. Florida | Filed: Jan 7, 2013 | Docket: 65987812

Published

recover under Florida Statute § 679.610. Defendants state that section 679.610 refers to the disposition