News & Analysis as of

Uniform Commercial Code (UCC) Florida

McGlinchey Stafford

Can a Consumer Prevail in an FCRA Case Without Actual Damages? - McGlinchey Commercial Law Bulletin - November 16, 2023

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Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more

King & Spalding

Eleventh Circuit Holds That Florida UCC Registry Is Subject to “Zero-Tolerance Rule” on Properly Naming Borrower

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On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit, applying the Florida Supreme Court’s answer to a certified question, held that a creditor that filed a UCC-1 financing statement under an abbreviated...more

Nelson Mullins Riley & Scarborough LLP

A Rose by Any Other Name Might Get Your Lien Stripped Under Florida Law

To the long list of things people love about lawyers we can add last week’s holding by the Eleventh Circuit Court of Appeals that “Blvd.” is utterly unrecognizable as “Boulevard” – at least by Article 9 of the Uniform...more

Fox Rothschild LLP

Florida Noncompete Agreements: When Are Trade Secrets Protected Under Florida Non-Compete Agreements?

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Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas, patterns, compilations,...more

Lowndes

What You Need to Know about Email and eSignatures for the Purchase or Sale of Goods

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The use of email has become common in the contracting process and received an additional boost from the COVID-19 pandemic, which made electronic communications the preference for most businesses. ...more

Bilzin Sumberg

Legal Magic: Turning Real Property Foreclosures Into Uniform Commercial Code Sales

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Remedies for defaults under loans secured by real property varies on a state-by­-state basis. In the eastern part of the country, enforcement is mostly by mortgage foreclosure. In the western states, there are enforcement...more

Burr & Forman

Florida Appellate Court Provides Guidance on Proof Required to Enforce Lost Negotiable Instruments

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As Florida works through its foreclosure backlog, many of the cases remaining are those with complications, for example a lost promissory note. Such issues are not insurmountable, but do require an attention to detail. For...more

Burr & Forman

Burr Commentary: Florida’s District Courts of Appeal Continue to Tighten Standing Requirements for Foreclosures

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The UCC was supposed to make enforcing negotiable instruments a simpler, more streamlined process. It has proven anything but in Florida.  Continuing a trend that now stretches back years, mortgage lenders have had an...more

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