Florida Statutes

Fla. Stat. § 679.626 (2025)

Action in which deficiency or surplus is in issue.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

679.626 Action in which deficiency or surplus is in issue.—In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:

(1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party’s compliance in issue.

(2) If the secured party’s compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.

(3) Except as otherwise provided in s. 679.628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, reasonable expenses, and, to the extent provided for by agreement and not prohibited by law, attorney’s fees exceeds the greater of:

(a) The proceeds of the collection, enforcement, disposition, or acceptance; or

(b) The amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.

(4) For purposes of paragraph (3)(b), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney’s fees unless the secured party proves that the amount is less than that sum.

(5) If a deficiency or surplus is calculated under s. 679.615(6), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.

History.—s. 7, ch. 2001-198; s. 165, ch. 2025-92.

Notes of Decisions

Cited in 5 cases, 2008–2019 · leading case: Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009).

Sort: Relevance Newest Treatment

Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009). · cites it 5× “Under § 679.626, Florida Statutes commercial reasonableness need merely be “placed in issue” for the burden to shift to Plaintiff.”

Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). · cites it 2× “" § 679.626(2), Fla. Stat. (2005). Mr. Burley obviously placed Gelco's compliance at issue; he argued successfully below that Gelco's notice was inadequate.”

S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011). “See § 679.626(2); see also Weiner, 482 So.2d at 1364-65 ; Burley, 976 So.”

Comerica Bank v. Mann, 13 F. Supp. 3d 1262 (N.D. Ga. 2013). · cites it 5× “See Fla. Stat. Ann. § 679.626 (2); see also Caterpillar, 56 So.”

Ford Motor Credit Co. LLC v. Thomas Arwine (Fla. 1st DCA 2019). · cites it 2× “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 dealers in the type of…”

— 679.626(1) — 1 case

Ford Motor Credit Co. LLC v. Thomas Arwine (Fla. 1st DCA 2019). “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 dealers in the type of…”

— 679.626(2) — 3 cases

Textron Fin. Corp. v. Lentine Marine Inc., 630 F. Supp. 2d 1352 (S.D. Fla. 2009). “Under § 679.626, Florida Statutes commercial reasonableness need merely be “placed in issue” for the burden to shift to Plaintiff.”

Burley v. Gelco Corp., 976 So. 2d 97 (Fla. 5th DCA 2008). “" § 679.626(2), Fla. Stat. (2005). Mr. Burley obviously placed Gelco's compliance at issue; he argued successfully below that Gelco's notice was inadequate.”

S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011). “See § 679.626(2); see also Weiner, 482 So.2d at 1364-65 ; Burley, 976 So.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.