eLaws of Florida

  SECTION 679.330. Priority of purchaser of chattel paper or instrument.  


Latest version.
  • 1(1) 2A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
    31(a) 32In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under s. 65679.1051; 66and
    67(b) 68The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.
    87(2) 88A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under s. 140679.1051 141in good faith, in the ordinary course of the purchaser’s business, and without knowledge that the purchase violates the rights of the secured party.
    165(3) 166Except as otherwise provided in s. 172679.327, 173a purchaser having priority in chattel paper under subsection (1) or subsection (2) also has priority in proceeds of the chattel paper to the extent that:
    199(a) 200Section 201679.322 202provides for priority in the proceeds; or
    209(b) 210The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser’s security interest in the proceeds is unperfected.
    240(4) 241Except as otherwise provided in s. 247679.331(1), 248a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
    296(5) 297For purposes of subsections (1) and (2), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
    324(6) 325For purposes of subsections (2) and (4), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
History.-s. 3, ch. 2001-198.

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