721.80 – Short title.
721.80 Short title.—This part may be cited as the “Timeshare Lien Foreclosure Act.” History.—s. 13, ch. 98-36.
721.81 – Legislative purpose.
721.81 Legislative purpose.—The purposes of this part are to: (1) Recognize that timeshare interests are used for vacation experience rather than for homestead or investment purposes and that there are numerous timeshare interests in this state. (2) Recognize that the economic health and efficient operation of the vacation ownership industry are in part dependent upon the availability of […]
721.82 – Definitions.
721.82 Definitions.—As used in this part, the term: (1) “Amounts secured by the lien” means all amounts secured by an assessment lien or mortgage lien, including, but not limited to, all past due amounts, accrued interest, late fees, taxes, advances for the payment of taxes, insurance and maintenance of the timeshare interest, and any fees or costs […]
721.83 – Consolidation of judicial foreclosure actions.
721.83 Consolidation of judicial foreclosure actions.— (1) A complaint in a foreclosure proceeding involving timeshare interests may join in the same action multiple defendant obligors and junior interestholders of separate timeshare interests, provided: (a) The foreclosure proceeding involves a single timeshare property. (b) The foreclosure proceeding is filed by a single plaintiff. (c) The default and remedy provisions in the […]
721.84 – Appointment of a registered agent; duties.
721.84 Appointment of a registered agent; duties.— (1) Any obligor may appoint a registered agent on whom notices and process may be served under s. 721.85. The statement of appointment must be in writing signed by the obligor and must: (a) Provide the name of the registered agent and the street address for the registered office; (b) Identify the […]
721.85 – Service to notice address or on registered agent.
721.85 Service to notice address or on registered agent.— (1) Service of process for a foreclosure proceeding involving a timeshare interest may be made by any means recognized by law. In addition, substituted service on an obligor who has appointed a registered agent under s. 721.84 may be made on such registered agent at the registered office. […]
721.855 – Procedure for the trustee foreclosure of assessment liens.
721.855 Procedure for the trustee foreclosure of assessment liens.—The provisions of this section establish a trustee foreclosure procedure for assessment liens. (1) APPOINTMENT OF TRUSTEE.— (a) A trustee or a substitute trustee may be appointed by a lienholder at any time by recording a notice of appointment of trustee or notice of substitution of trustee in the official […]
721.856 – Procedure for the trustee foreclosure of mortgage liens.
721.856 Procedure for the trustee foreclosure of mortgage liens.—The provisions of this section establish a trustee foreclosure procedure for mortgage liens. (1) APPOINTMENT OF TRUSTEE.— (a) A trustee or a substitute trustee may be appointed by a lienholder at any time by recording a notice of appointment of trustee or notice of substitution of trustee in the official […]
721.8561 – Administrative fee.
721.8561 Administrative fee.—An administrative fee of $50 per trustee deed for each deed recorded pursuant to the trustee foreclosure procedures set forth in ss. 721.855 and 721.856 shall be paid and remitted at the same time and in the same manner as documentary stamp taxes imposed pursuant to s. 201.02. Revenues from such fees shall be […]
721.86 – Miscellaneous provisions.
721.86 Miscellaneous provisions.— (1) In the event of a conflict between the provisions of this part and the other provisions of this chapter, chapter 702, or other applicable law, the provisions of this part shall prevail. The procedures in this part must be given effect in the context of any foreclosure proceedings against timeshare interests governed by […]