eLaws of Florida

  SECTION 679.5021. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.  


Latest version.
  • 1(1) 2Subject to subsection (2), a financing statement is sufficient only if it:
    14(a) 15Provides the name of the debtor;
    21(b) 22Provides the name of the secured party or a representative of the secured party; and
    37(c) 38Indicates the collateral covered by the financing statement.
    46(2) 47Except as otherwise provided in s. 53679.5011(2), 54to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or that is filed as a fixture filing and covers goods that are or are to become fixtures, must comply with the requirements of subsection (1) and also:
    97(a) 98Indicate that it covers this type of collateral;
    106(b) 107Indicate that it is to be filed in the real property records;
    119(c) 120Provide a description of the real property to which the collateral is related; and
    134(d) 135If the debtor does not have an interest of record in the real property, provide the name of a record owner.
    156(3) 157A record of a mortgage satisfying the requirements of chapter 697 is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:
    199(a) 200The record of a mortgage indicates the goods or accounts that it covers;
    213(b) 214The goods are or are to become fixtures related to the real property described in the record of a mortgage or the collateral is related to the real property described in the mortgage and is as-extracted collateral or timber to be cut;
    256(c) 257The record of a mortgage satisfies the requirements for a financing statement in this section, although:
    2731. 274The record of a mortgage need not indicate that it is to be filed in the real property records; and
    2942. 295The record of a mortgage sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom s. 340679.5031(1)(d) 341or (e) applies; and
    345(d) 346The record of a mortgage is recorded as required by chapter 697.
    358(4) 359A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
History.-s. 6, ch. 2001-198; s. 10, ch. 2012-59.

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