Florida Statute 679.627 - 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. 679.627

679.627 Determination of whether conduct was commercially reasonable.—

(1) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.

(2) A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(a) In the usual manner on any recognized market;

(b) At the price current in any recognized market at the time of the disposition; or

(c) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

(3) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:

(a) In a judicial proceeding;

(b) By a bona fide creditors’ committee;

(d) By an assignee for the benefit of creditors.

(4) Approval under subsection (3) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.

History.—s. 7, ch. 2001-198.

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Amendments to 679.627

Annotations, Discussions, Cases:

Cases Citing Statute 679.627

Total Results: 5

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

100. Commercial reasonableness is defined in § 679.627(2), Florida Statutes: A disposition of collateral

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

property that was the subject of the disposition.” § 679.627(2)(e). *61Here, CAT’s pleadings and its affidavit

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

property that was the subject of the disposition." § 679.627(2)(c), Fla. Stat. (2005).[3] Accordingly, this

Tropical Jewelers Inc. v. Bank of America, N.A. ex rel. NationsBank, N.A.

19 So. 3d 424, 2009 Fla. App. LEXIS 14087, 2009 WL 3013497

District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 60254629

Cited 1 times | Published

This statute has been renumbered and is now section 679.627, Florida Statutes (2009).

Ford Motor Credit Company LLC v. Thomas Arwine

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

Published

dealers in the type of property being disposed. § 679.627(2), Fla. Stat. However, a secured party need not