CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 215, 2004 Bankr. LEXIS 904, 2004 WL 1490312
...Assignment of Rents Alternatively, Plaintiff argues that the assignment of rents clause in the mortgage takes the mortgage out of the class of mortgages protected from modification by § 1322(b)(2). With certain exceptions, *288 none of which applies here, § 679.1091(4)(k) of the Florida Statutes excludes from secured transactions in personalty "the creation or transfer of an interest in or lien on real property, including a lease or rents thereunder..." Implicit in the statute's exclusion of rents fr...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 92 U.C.C. Rep. Serv. 2d (West) 668, 2017 WL 1536070, 2017 Fla. App. LEXIS 5902
...Ordinarily, the factor notifies the debtor on the sold accounts of the change in ownership and thereafter receives payments directly from the account debtor. Factoring relationships implicate Article 9 of the UCC because Article 9 applies to the sale of accounts, including accounts receivable. § 679.1091(l)(c)....
...That meaning includes the Department, which renders
679.4061(1) operative as to the Department’s discharge of its obligation on assigned accounts receivable. The Department argues, however, that another provision of Article 9 places governmental account debtors outside the reach of that statute. It points to section
679.1091, titled “Scope,” and in particular to subsection (4)(n), which states that *131 “[t]his chapter does not apply to ... [a]ny transfer by a government or governmental unit.” It asserts that because its payments on the accounts receivable at issue involve transfers of money by a governmental unit, the so-called government-transfer exception in section
679.1091(4)(n) prevents section
679.4061(1) from regulating how it may discharge its contractual obligation to make payment for the services Arbor One rendered to it....
...e the governmental unit is merely an account debtor making a payment to the assignee of an account receivable rather than the assignor of that account, then the Department’s argument here would be correct. But, as we explain, the plain language of section 679.1091 excludes this construction....
...Heritage Window Fashions, LLC,
191 So.3d at 521 (stating that statutory provisions must be construed as a whole). By its express terms, however, the government-transfer exception is implicated only in circumstances where Article 9 otherwise “applies to” a transfer by the government. §
679.1091(4)(n) (“This chapter does not apply to ......
...ing discharge of an obligation upon assignment of an account receivable are operative as against a governmental account debtor is to “apply” Article 9 to a government transfer. MP Star neither asked nor answered that question. In everyday usage, section 679.1091(4)(n)’s provision that “[t]his chapter does not apply to .......
...We are left with addressing whether an account debt- or’s payments on accounts receivable in accord with section
679.4061 are transfers to which Article 9 is being applied. Put differently, the question is whether an account debtor’s payments on accounts receivable are objects of section
679.4061. The text of section
679.1091—the statute that defines the scope of Article 9 and of which the government-transfer exception is a part—makes clear that the answer to that question is no. Section
679.1091(1) defines the scope of Article 9—i.e., it defines the things to which Article 9 applies. As relevant here, that subsection states that “[tjhis chapter applies to ... a sale of accounts, chattel paper, payment intangibles, or promissory notes.” §
679.1091(l)(c) (emphasis added)....
...ounts receivable to United Capital, it does not say that Article 9 applies to money or transactions in money as such, like the Department’s transfer of money to discharge its contractual obligation on an account. In other words, the plain terms of section 679.1091(1) establish that Article 9 does not apply as an initial matter to the transfer of money involved when an account debtor pays on an account receivable in order to discharge its contractual obligation to make that payment....
...Because transfers of money to pay accounts receivable are not within the defined scope of Article 9—i.e., are not something to which Article 9 applies—the government-transfer exception cannot be deemed to exclude that transfer from a scope of operation to which it never belonged. Section 679.1091(1) states that the items it lists are within the scope of Article 9 “except as otherwise provided in subsections (3) and (4).” (Emphasis added.) That necessarily means that the exceptions stated in section 679.1091(4), which include the government-transfer exception, are items to which Article 9 would have applied had the legislature not removed them from its scope. Transfers of money to make payment on an account, chattel paper, or payment intangible—as distinguished from the sales of such assets themselves—are not something to which Article 9 applies as an initial matter. See § 679.1091(1)....
...ject of the statute—is a transfer of accounts, chattel paper, or payment intangibles, not a transfer of money as payment- to satisfy an account debtor’s obligation on one of those items. In sum, then, the government-transfer exception created by section 679.1091(4)(n), by its own terms, is not implicated by the mere fact that the government happens to be an account debtor required to make a payment on an account, chattel paper, or payment intangible that has been assigned....
...If a government actor sold such assets, that would be a different story. Article 9 generally applies to such sales, and the sale of an account, chattel paper, or payment intangible by a governmental body would be a transfer of that asset, which would be a transfer by a governmental unit within the meaning of section 679.1091(4)(n)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 551, 2008 Bankr. LEXIS 3135
...Walling Enter., Inc.,
609 So.2d 1323, 1326 (Fla. 5th DCA 1992)(en banc), affirmed,
636 So.2d 1294 (Fla.1994). Article 9 of the Florida Uniform Commercial Code, which covers secured transactions, continues to recognize this historic exception. See Fla. Stat. §
679.1091 (2008); see also Flanigan's Enter, v....
CopyPublished | Florida 4th District Court of Appeal | 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683
...The Uniform Commercial Code
Article 9 of Florida’s Uniform Commercial Code governing secured
transactions is contained in Chapter 679, Florida Statutes. Generally,
Chapter 679 “does not apply to the creation of” a real property mortgage.
§ 679.1091, Fla. Stat. Ann., UCC cmt. 7 (West 2008); see also §
679.1091(3)(k), Fla. Stat. (2008). However, if, as occurred in this case, the
note in a mortgage transaction is sold or assigned, Chapter 679 applies to
the security interest created in favor of the purchaser or assignee of the
note. As Comment 7 to section 679.1091 explains:
O borrows $10,000 from M and secures its repayment
obligation, evidenced by a promissory note, by granting to M
a mortgage on O’s land....
...The security
interest in the promissory note is covered by [Article 9] even
though the note is secured by a real-property mortgage.
Once HSBC took possession of the note it had an Article 9 security interest
in the note. Because of the application of section 679.1091(2), HSBC’s
possession of the note gave it “an attached security interest in the
mortgage lien that secure[d] the note.” § 679.1091, Fla....
...2d DCA 2009)—touch on the application of section
701.02 to successive assignees of a note and mortgage. We agree with
Rothenberg that the statute has no application to such successive
assignees, a conclusion reinforced by the 2005 amendments to section
701.02 and Uniform Commercial Code Comment 7 to section
679.1091.
Section
701.02 is entitled “Assignment not effectual against creditors
unless recorded and indicated in the title of document.” The statute
provides:
(1) An assignment of a mortgage upon real property or of any
in...
...a mortgage
has perfected or attached to the mortgage.” Id. at 7-8 (emphasis added).
Finally, the inapplicability of section
702.01 to determine priority
between competing mortgage assignments is supported by Uniform
Commercial Code Comment 7 to section
679.1091. Comment 7 provides
that it follows from subsection
679.1091(2)9
that an attempt to obtain or perfect a security interest in a
secured obligation by complying with non-Article 9 law, as by
an assignment of record of a real-property mortgage, would be
ineffective....
...We
therefore reverse the final judgment and remand to the circuit court for
the entry of a final judgment in favor of HSBC.
WARNER and FORST, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
9Subsection 679.1091(2) states:
The application of this chapter to a security interest in a secured
obligation is not affected by the fact that the obligation is itself
secured by a transaction or interest to which this chapter does...
CopyPublished | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 191, 2002 Bankr. LEXIS 565, 39 Bankr. Ct. Dec. (CRR) 170, 2002 WL 1160717
...ution of the Financing Agreement, is effective and does not require any perfection. To resolve this question requires this Court to construe the reach and the scope of Article 9 of the UCC as adopted by Florida, especially as set forth in Fla. Stat. § 679.1091 , which provides in Subelause (3)(h) that: (3) This chapter does not apply to the extent that: (h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provi...
...679.3151 and
679.322 apply with respect to proceeds and priorities in proceeds .... It should be noted that effective January 1, 2002, the UCC, consisting of Chapter 679 was repealed by the Florida legislature and new provisions were enacted. Fla. Stat. §
679.1091 was replaced by Fla....
...And, if the relief is granted to Imperial, the Trustee is losing a valuable right and that should not be put in jeopardy because the relief sought by Imperial is not warranted either by the facts or by the applicable law. In this connection, the Trustee points out that the exclusion from the scope of Article 9 by Fla. Stat. § 679.1091 (3)(h) refers to an interest in a claim in a policy or under the policy if made by the insured by the insurance company or made by an assignee of the insured, and it does not cover the insured claim for refund of unearned premiums which u...
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 18, 2023
...Like the other courts to hear this argument, we disagree.
A commercial tort claim converts into a contract when the
claim has been (1) “settled” and (2) “reduced to a contractual obli-
gation to pay.” Fla. Stat. Ann. § 679.1091 cmt.15 (West 2024)....
...peal, and Payroll had not signed
an individual release. Thus, BP had no “contractual obligation to
pay” Payroll in March 2017, and Payroll’s BP claim was still a com-
mercial tort claim at that time. See Fla. Stat. Ann. § 679.1091 cmt.15
(West 2024).
Sunz offers three counterarguments for why Payroll’s BP
claim was a contract, rather than a commercial tort claim, by
March 2017....
...: 01/08/2025 Page: 15 of 17
22-12336 Opinion of the Court 15
tort claim because that provision did not automatically obligate BP
to pay Payroll a certain amount. See Fla. Stat. Ann. § 679.1091
cmt.15 (West 2024)....
... USCA11 Case: 22-12336 Document: 42-1 Date Filed: 01/08/2025 Page: 17 of 17
22-12336 Opinion of the Court 17
contract, even after the settlement agreement was signed. See Fla.
Stat. Ann. § 679.1091 cmt.15 (West 2024).
CONCLUSION
The Service’s federal tax lien attached to all of Payroll’s as-
sets, including commercial tort claims, when Payroll’s federal em-
ploy...
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 637, 2010 Bankr. LEXIS 4902, 54 Bankr. Ct. Dec. (CRR) 44
...tes. Even if the Investors had filed UCC-1 financing statements covering the Mortgage Receivables, subsection (a) fails because, under Florida law, filing a UCC-1 financing statement does not perfect an interest in real property. See Fla. Stat. Ann. § 679.1091(4)(k) (West 2010) (specifically excluding from the scope of Chapter 679 "[t]he creation or transfer of an interest in or lien on real property"). The filing of the UCC-1 may perfect an interest in a mortgage encumbering real property, but not an interest in the underlying realty. See Fla. Stat. Ann. § 679.1091(4)(k) (West 2010) (attachment of a security interest in a mortgage on real property under Fla....
CopyPublished | Florida 2nd District Court of Appeal | 57 U.C.C. Rep. Serv. 2d (West) 127, 2005 Fla. App. LEXIS 4623, 2005 WL 762905
...The Bank argues further that its security interest in the rugs is entitled to priority over the Consignor’s security interest because the Consignor failed to perfect his security interest. The Bank’s argument on the priority issue is as follows: Article 9 of the UCC applies to consignments. § 679.1091(l)(d), Fla....
