eLaws of Florida

  SECTION 328.145. Rights of secured party.  


Latest version.
  • 1(1) 2Subject to subsection (2), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by the Uniform Commercial Code.
    47(2) 48If, while a security interest in a vessel is perfected by any method under this part, the department creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:
    101(a) 102A buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and
    151(b) 152The security interest is subordinate to a conflicting security interest in the vessel that is perfected under s. 170328.12 171after creation of the certificate and without the conflicting secured party’s knowledge of the security interest.
History.-s. 18, ch. 2019-76.

Note

Note.-Effective July 1, 2023.

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