714.25 – Effect of Enforcement by Mortgagee.
714.25 Effect of enforcement by mortgagee.—A request by a mortgagee for the appointment of a receiver, the appointment of a receiver, or the application by a mortgagee of receivership property or proceeds to the secured obligation does not: (1) Make the mortgagee a mortgagee in possession of the real property; (2) Make the mortgagee an agent of the […]
714.26 – Uniformity of Application and Construction.
714.26 Uniformity of application and construction.—In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted a similar law. History.—s. 1, ch. 2020-106.
714.27 – Relation to Electronic Signatures in Global and National Commerce Act.
714.27 Relation to Electronic Signatures in Global and National Commerce Act.—This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices […]
714.28 – Transition.
714.28 Transition.—This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2020. History.—s. 1, ch. 2020-106.
714.14 – Stay; Injunction.
714.14 Stay; injunction.— (1) Except as otherwise provided in subsection (5), after notice and opportunity for a hearing, the court may enter an order providing for a stay, applicable to all persons, of any act, action, or proceeding: (a) To obtain possession of, exercise control over, or enforce a judgment against all or a portion of the receivership […]
714.01 – Short Title.
714.01 Short title.—This chapter may be cited as the “Uniform Commercial Real Estate Receivership Act.” History.—s. 1, ch. 2020-106.
714.02 – Definitions.
714.02 Definitions.—For the purposes of this chapter, the term: (1) “Affiliate” means: (a) With respect to an individual: 1. A companion of the individual; 2. A lineal ancestor or descendant, whether by blood or adoption, of: a. The individual; or b. A companion of the individual; 3. A companion of an ancestor or descendant as described in subparagraph 2.; 4. A sibling, aunt, uncle, […]
714.03 – Notice and Opportunity for Hearing.
714.03 Notice and opportunity for hearing.— (1) Except as otherwise provided in subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate under the circumstances. (2) The court may issue an order under this chapter without written or oral notice to the adverse party only if: (a) It appears […]
714.04 – Scope; Exclusions.
714.04 Scope; exclusions.— (1) This chapter applies to a receivership initiated in a court of this state for an interest in real property and any incidental personal property related to or used in operating the real property. (2) This chapter does not apply to: (a) Actions in which a state agency or officer is expressly authorized by statute to […]
714.05 – Power of the Court.
714.05 Power of the court.—The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property. History.—s. 1, ch. 2020-106.