Marine Midland Bank-Central v. Cote

In Marine Midland Bank-Central v. Cote, 351 So. 2d 750 (Fla. 1st DCA 1977), the First District held that "absent a contrary agreement, when a security agreement provides the secured party has on default the rights and remedies provided by the UCC, the right of repossession . . . implies, . . . a limited privilege to enter on the debtor's land. The privilege may be exercised only 'without breach of the peace.'" Id. at 752. The Court set forth a two-prong test to determine if a breach of the peace occurred which requires that the trial court determine: (1) whether the creditor entered debtor's premises; (2) whether the debtor, or his agent, consented to the entry and repossession. Id.