eLaws of Florida

  SECTION 679.3171. Interests that take priority over or take free of security interest or agricultural lien.  


Latest version.
  • 1(1) 2A security interest or agricultural lien is subordinate to the rights of:
    14(a) 15A person entitled to priority under s. 22679.322; 23and
    24(b) 25Except as otherwise provided in subsection (5), a person who becomes a lien creditor before the earlier of the time:
    451. 46The security interest or agricultural lien is perfected; or
    552. 56One of the conditions specified in s. 63679.2031(2)(c) 64is met and a financing statement covering the collateral is filed.
    75(2) 76Except as otherwise provided in subsection (5), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
    136(3) 137Except as otherwise provided in subsection (5), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
    182(4) 183A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
    236(5) 237Except as otherwise provided in ss. 243679.320 244and 245679.321, 246if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
    302(6) 303An encumbrancer or owner, other than the debtor or a lien creditor, who acquires an interest in the related real property takes free of a security interest in goods that are or become fixtures in this state, which interest is perfected only with a financing statement that is not filed as a fixture filing, even if the encumbrancer or owner knows of the existence of such statement. For purposes of s. 374695.01, 375the filing of a financing statement covering goods that are or become fixtures in this state, which statement is not filed as a fixture filing, shall not constitute constructive notice of such security interest to any person, other than a lien creditor, who acquires an interest in the related real property.
    426(7) 427The holder of a mortgage or other lien against real property arising under the laws of this state, other than this chapter, has priority with respect to the rents, issues, profits, and proceeds of the real property, including proceeds from the sale thereof, over a security interest in an account consisting of a right to payment of a monetary obligation for the sale of the real property.
History.-s. 3, ch. 2001-198; s. 6, ch. 2002-242; s. 67, ch. 2010-131; s. 6, ch. 2012-59.

Bills Cite this Section:

None

Cited by Court Cases:

None