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Florida Statute 679.626 - Full Text and Legal Analysis
Florida Statute 679.626 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 679.626 Case Law from Google Scholar Google Search for Amendments to 679.626

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.626
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.

F.S. 679.626 on Google Scholar

F.S. 679.626 on CourtListener

Amendments to 679.626


Annotations, Discussions, Cases:

Cases Citing Statute 679.626

Total Results: 4

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

was conducted in accordance with this part." § 679.626(2), Fla. Stat.; Burley, 976 So.2d at 100. Commercial

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

disposition was commercially reasonable. See § 679.626(2); see also Weiner, 482 So.2d at 1364-65; Burley

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

was conducted in accordance with this part." § 679.626(2), Fla. Stat. (2005). Mr. Burley obviously placed

Ford Motor Credit Company LLC v. Thomas Arwine

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

Published

the secured party’s compliance in issue. See § 679.626(1), Fla. Stat.; see also S. Developers & Earthmoving